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pankaj kapoor (same)     04 April 2022

Title and probate case

My first question to you is when the petitioner  and his advocate is absent in final argument date. My second question is judge call upon the plantiff who transpose as plantiff from the defendant because he support the petitioner and he  is agree to argue the final argument affirmatively. Judge starting the argument post lunch. Can judge allow the main petitioner after starting  the argument when he is and his advocate is absent.



Learning

 2 Replies

Palak batra   09 April 2022

Dear querist,

 

As per the judgment given in the case of PRAVEEN KAPILA vs NAVIN SOI in the Delhi high court it was held that the probate proceedings are only applicable to examining the Will that the petitioner and it doesn’t have the effect of recognising the title of the testator. 

 

In this situation if the advocate and the petitioner is absent, such non-appearance becomes a ground for adjournment but the reason for the absence is also considered in the court whether or not the reason is a valid one for absence.

 

Regards,

Palak

 

pankaj kapoor (same)     09 April 2022

You don't answer the second question.


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