Legal Question in Civil Rights Law in India

Whether it is not mandatory for objectioner/transferee of attached immovable property and decree holder in execution proceeding to be present on the hearing dates along with their lawyers (act,section or citation also required if possible)? Whether it is duty of litigant (if not required to be present in court) to go and get information from lawyer, what happened on the date of hearing or whether it is the duty of lawyer to apprise happening to his client (act,section or citation also required if possible)? If the objectioner/ transferee as well as his lawyer did not remain present on many dates and his application was dismissed in default, is he right in arguing that one more occasion of hearing of his objections should be given to him, and not punishing him for the fault of his lawyer in not attending court hearing by simpling replacing his old lawyer by new lawyer, specially after the stage of execution proceeding reached where the auction-sale was postponed due to non-appearance of any person for purchasing attached immovable property (act,section or citation also required if possible)?


Asked on 2/06/14, 10:32 am

1 Answer from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

an exparte order can be set aside at any stage and this is the discretion of the court. you oppose his application .It is not possible to give you detailled citation on the facts stated above but I am sure your lawyer would do a wonderful job in preparing the case. for further clarifications contact 9312411481.

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Answered on 2/07/14, 6:42 pm


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