Tagged: Civil Procedure Code
We have filed case of joint family property partition Civil court. Tbe case ag hearing stage after court passes expary order against Defendants failed to attend the court. On last court date we were asked to file EVIDENCE AFFIDAVIT. However my father (plaintiff) due to health issue and my elder brother (power of attorney holder) due to leave cancelation from his office failed to attend the court and now the Hon’ble Judge has removed the case from HEARING and put it as PAPER BOOK.
Is there any way we can still file my fathers evidence affidavit by taking the case on-board as we’ll not be able to attend the next given court date and bring it to HEARING stage to get it decided at earliest.
The procedure / nomenclature may be slightly different in different states. Usually, paper book is prepared in the appellate court.
In any case, you may request the court, by filing an appropriate application, seeking permission / more time to file your affidavit / evidence, whatever you need to file in court.
Thanks for your reply sir.
Our case is filed in Maharashtra state. It will be really helpful if you tell us below things
1. Should we file a normal request application along with evidance affidavit OR
2. Does the application needs to be filed under any section of CPC to get the case on hearing stage.
Request you to please send reply on my 2nd query.
Please ascertain this from your local lawyer since he would be fully aware of detailed facts and he would also have seen the last orders of the court.
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