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Consequences of not showing up on the first day of the hearing
30-Aug-2023 (In Civil Law)
hlo i have a ques first i had applied for caveat through my lawer and i have came to know that the other party had approached to court and they had filed writ now my ques is if i and my lawer do not go on the first hearing does the other party can take stay on a particular land.because we had won the case from lower court and we are going for warant possession and we had to take it before the other party should bring stay from high court.so if me and my lawer wont go on first hearing day can the judge grant them stay.?
This all depends upon the fact that whether you got the notice regarding the filing of the writ if you got the notice then obviously the other party can get the stay order. It is your duty to apper in the court once you got the notice.
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Adv. Kanwarjit Singh Pruthi
Patiala | 200+ Answers
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If you have received the notice regarding the writ petition filed and the date of hearing in the court then it is important that your lawyer appears before the court on the first date of hearing, if the lawyer doesn't appear then it is the discretion of the court as to what order it passes.
but if no notice from the court is received by you, then it is not important for your lawyer to appear before the court as on the first date of hearing the court shall issue notice to you to appear before the court. At the first date of hearing the court shall then see whether the Writ Petition is maintainable or not. when notice is issued you shall be given time to file your reply to the Writ Petition and a next date of hearing shall be fixed.
for any other legal assistance you cant contact me.
but if no notice from the court is received by you, then it is not important for your lawyer to appear before the court as on the first date of hearing the court shall issue notice to you to appear before the court. At the first date of hearing the court shall then see whether the Writ Petition is maintainable or not. when notice is issued you shall be given time to file your reply to the Writ Petition and a next date of hearing shall be fixed.
for any other legal assistance you cant contact me.
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Adv. Manmilan Sidhu
Delhi | 25+ Answers
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Writ is an urgent relief and they may succed in getting it .. you have to hire a experienced lawyer so that a reply could be made on your decree as such this is not an appeal but might be with any other circumstance be careful and details are required to give better advice
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Adv. Karnish Gupta
Ludhiana | 25+ Answers
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