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What should be done when petitioneris not attending the hearing


23-Jul-2023 (In Civil Law)
My Dad is a defendant and the Petitioner who filed the case was not present in the court( not even once ).My dad attending each time for past 3 Years ( 10 + Hearings) , What should we do to avoid this/appeal that we can only attend when Petitioner is planning to attend?
Answers (3)

Answer #1
662 votes
Hi Client, Good Morning, first of all , let me know about your case i.e, is it Civil or Criminal case ? and number and sections etc., Normally, in Civil Cases, Parties of the suit are not required to attend the court except some times. But the counsel represent the case of on behalf of the parties should attend. In Criminal Case , both parties should attend the court. In Civil Case , if the counsel of the Petitioner does not attend the court the judge dismiss the case after 1 or 3 defaults. if the counsel of the respondent does not attend, the judge will give order as requested by the Petitioner and against the respondent. So, let me know the other details to clear your doubts. With Regards
Answer #2
684 votes
Dear, When the Plaintiff is not attending the court for hearings in the suit filed by him, request the court to dismiss the suit by imposing exemplary costs on the Defendant for making you to come to the court without any reason. The court will dismiss the suit accordingly and impose such costs at its discretion.
Answer #3
75 votes
All witnesses who are summoned as witnesses in court must appear. You may not be able to attend the court date and time due to illness. This is a valid reason. If you are asked to prove your illness by providing a doctors note, then this is a valid excuse.
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