• When should I appear for hearing

Hi Sir,

My friend met with an accident in Kullu last year September 2022. He suffered a severe physical mental emotional damages and still recovering. We have received three service notice with the respective hearing dates. Should we go to next hearing date which is 15th June ? We are unable to contact the assigned advocate there in Kullu. We have to travel to Kullu from Chennai. Please suggest

Rgds,
Melinda
Asked 1 year ago in Civil Law

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10 Answers

you should attend hearing date 

Ajay Sethi
Advocate, Mumbai
96943 Answers
7822 Consultations

You should appear on the next date of hearing and meanwhile, mention your situation and circumstance and request for the exemption from personal appearance before the Hon'ble Court. Submit before the court that your pleader/advocate would be appearing on your behalf.  But in the end, my suggestion is that You should appear there physically because already the Court has already summoned you thrice.

Priyanka Jain
Advocate, New Delhi
1 Answer

If you have received summons or having concrete information about the hearing date, it would be better that you appear in person before the court and come to know the status of the case in person without relying upon the non responsive advocate

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

Hello,

  1. It would be difficult to advise whether your not attending the court hearing would have any adverse effect on your case. 
  2. If it is a criminal case, you may remain absent and will have to appear and take bail on the next date.
  3. In the meantime try to contact your lawyer in Kullu.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

Yes, he should appear to get his statement recorded in court. If there is difficulty in appearing or travelling then appearance can be put through video conferencing also. You can engage other advocate. 

Siddharth Srivastava
Advocate, Delhi
1350 Answers

You are a complainant, you are required to give your evidence. Appear on 15th June and give your evidence, the  defense counsel will take another date for cross examination. Bring to the  notice of Court that you have to travel from Chennai therefore, your cross examination should be completed on next date adjourned. On that next you will be cross examined after that you are not required to appear in Court anymore.

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

Accident with motor vehicle ?

You have to go once to record your statement in court. Till police itself not come to serve noitce, you may evade your presence in court

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

It’s better you go and attend the same if no one is attending on your behalf. You can appoint a new advocate if earlier advocate is not attending 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

- As per law, it is mandatory to appear before the court after receiving the notice /summons of the court. 

- Further, as your friend is an aggrieved party i.e. complainant in the case , then due to his non-appearance before the court , the case may be dismissed or closed. 

- However, if he is not physically well, then you can inform for the same to the court through I.O. of the case or lawyer, or through a relative . 

Mohammed Shahzad
Advocate, Delhi
14515 Answers
221 Consultations

Dear client,  

If your friend has received three service notices with the respective hearing dates, it is important to attend the next hearing on 15th June. Failure to attend the hearing may result in adverse consequences for your friend's case, such as a decision being made against him in his absence.

Since you mentioned that you are unable to contact the assigned advocate in Kullu, it may be helpful to try and contact the court directly to find out if the hearing is still scheduled as per the notice. You can also try and find a local advocate in Kullu who can represent your friend at the hearing.

In case your friend is unable to travel to Kullu due to medical reasons or other circumstances, you may consider requesting an adjournment of the hearing. This can be done by filing an application for adjournment with the court and providing appropriate reasons for the request. However, it is important to note that adjournments are granted at the discretion of the court and may not be granted in all cases.

It is important to ensure that your friend's legal rights are protected and that he receives the compensation he is entitled to for the damages suffered in the accident. Therefore, attending the hearing or taking appropriate steps to ensure representation is necessary.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

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