• Need information regarding judgement

I have filed a case in my district court, for which I was granted as an ex-parte, I am currently in abroad, do I need to come to India to sign on any paper work? Also If I was awarded a decree in my favour, do I need to come to india?
Asked 1 month ago in Civil Law

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10 Answers

You don’t have to India to sign any documents 

 

your lawyer can apply for certified copy of decree 

Ajay Sethi
Advocate, Mumbai
98110 Answers
7971 Consultations

You are not required to visit India. you can do all process from abroad, through a GPA given to friend or a relative. Even after passing of decree your presence is not required in Court. 

Ravi Shinde
Advocate, Hyderabad
4766 Answers
42 Consultations

Hope you engaged a lawyer to file the suit. Please instruct the same lawyer to apply for a certified copy of the judgment and decree from court and send it to you.

Swaminathan Neelakantan
Advocate, Coimbatore
2990 Answers
20 Consultations

Hello,

 

If you have filed a case and now you have obtained an order in your favor then just ask your advocate to obtain a certified copy of the order from the Court. Unless and until you have been directed by the court to come to India, I don't see any requirement for you to come to India as of now. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

No you don’t if you have a advocate present in India 

Prashant Nayak
Advocate, Mumbai
33296 Answers
219 Consultations

- If you have filed this case with the help of a lawyer , then your presence on each and every date of hearing is not needed 

- However, as there is an ex-parte order then you have to give your evidence by way of affidavit before the Court for passing the Ex-parte Decree in the case. 

Mohammed Shahzad
Advocate, Delhi
15030 Answers
228 Consultations

You have already engaged an advocate to take care of your case. 

You can ask your advocate to apply for certified copies of the decree and judgment and you can collect it from him.

If it is an executable judgment then your advocate may be instructed to file an execution petition to execute the court decree. 

T Kalaiselvan
Advocate, Vellore
88313 Answers
2388 Consultations

If you have got an decree in your favour then I wonder what further paper you are talking about. 

Devajyoti Barman
Advocate, Kolkata
23452 Answers
529 Consultations

  1. Do you need to come to India for paperwork after an ex-parte order?

    • No, in most cases, your physical presence is not required. Your lawyer can handle paperwork, including obtaining a certified copy of the decree.

  2. Do you need to come to India if the decree is in your favor?

    • It depends on the type of case:


      • For civil matters (like property disputes, divorce, money recovery): If execution of the decree is needed (e.g., possession, transfer of assets), your lawyer can represent you with a Power of Attorney (PoA).

      • For criminal cases: Personal presence may be required depending on the nature of the judgment.

If you need further clarification, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
911 Answers
4 Consultations

Since you have been granted an ex-parte decree, here’s what you need to consider regarding your presence in India:


1) Do you need to come to India for signing any paperwork?

  • If your case was filed through a lawyer with a valid Vakalatnama, you do not need to be physically present for most paperwork.
  • Your lawyer can handle all filings, signatures, and follow-ups on your behalf.
  • If any document requires your personal signature, you may be able to send a notarised and apostilled copy from abroad.


2) If the decree is awarded in your favour, do you need to come to India?


  • For a declaratory or civil decree (e.g., divorce, property, or recovery suit) → You generally do not need to come unless execution or enforcement requires your presence.

  • For money decrees (e.g., compensation, recovery of dues) → If enforcement is required, your lawyer can proceed with execution without you.

  • For property decrees (e.g., partition or possession) → If mutation or registration is required, a Power of Attorney (PoA) can be given to someone in India to act on your behalf.


When Might Your Presence Be Needed?

  • If the court specifically directs you to appear for any reason.
  • If you need to sign documents that cannot be executed through PoA.
  • If there is an appeal or challenge by the opposite party, and personal presence is required for arguments or cross-examination.


What You Can Do Remotely:


  • Give Power of Attorney (PoA) to a trusted person in India for decree execution.

  • Submit notarised affidavits if required.

  • Communicate via video conferencing if the court allows it.




Would you like assistance in drafting a PoA or understanding how to enforce your decree while abroad?

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
382 Answers

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