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gdk (student)     06 September 2013

Exemption from appearance

 

Dear Friends,

Father in law got exemption from appearance in appeal matter in DVC.

Is exemption available automatically to respondents or there is any procedure to obtain exemption from appearance?

Because respondents have not filed any petition, application, document, etc., and he got exemption from appearance.

Regards.



Learning

 2 Replies

Tajobsindia (Senior Partner )     06 September 2013

1.    The procedure to seek exemption is via filing Application and show causing why exemption should be allowed to applicant in such Application; it may be due to health reasons, it may be due to not being primary respondent, it may be due to since no primary relief asked from him, it may be due to summary inclusion in an appeal and has not much to do with main appeal releif and so on so forth which comes out from pleadings.

2.    It is never given without Application.

3.    However, in Appeal stage in reference to DV if it is admission hearing as to why the Appeal is to admitted then it is discretion of Appeal Court not to seek presence of R2,R3 and so on on admission hearing…
[Last reply]

Adv k . mahesh (advocate)     06 September 2013

there is a procedure stipulated for exemption like he may say that he is not the prime respondent and exempting his appearance 

court finds all the case details and take assurance from him that when ever his appearance is needed he should be present 

normally his appearnce is needed only at the time of cross examination of respondents and not every time the case is listed 


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