Repeated absences of the respondents
I have filed a petition before the civil court for breach of contract and exclusivity, in a business contract.
We have filed the petition, the repondents have filed their objections and we have filed the rejoinder. On 1Oth February 2015, we have adressed the arguments before the Court.
Since May 2014 ( 1 year ), The matter has been called 18 times and 16 times the matter has been adjourned because the respondents asked time, or had inconveniences, or on strike,
And after the 10th of February, the rspondents did not appear anymore to adresse their objections in front of the judge.
I have asked that all legal costs be awared , as the prayer, in the petition, but the misconduct of the respondents is not acceptable .
What is the action to be taken to stop this and ensure the jugement ?
Asked 3 years ago in Civil Law from France
1. If the respondents have ceased to appear in the court then the court can proceed to deliver the final judgment by closing the right to defence which has not been availed by the respondents.
2. At the next hearing the court can on its own motion. or on a motion brought by you close the defence of the respondents.
1) the court generally does not grant so many adjournments
2) did your advocate not object to repeated adjournments ?
3) in such cases your lawyer should have insisted on payment of costs by defendants and that no further adjournments be granted unless costs are paid
4) if defendants are not appearing court can pass interim orders on your notice of motion
Figure out who is the lawyer who enjoys the judges confidence and ask such lawyer to appear in front of the judge and press for ex parte hearing. Preferably a senior advocate with standing at the bar. While law has its limitations court crafts can at times help the litigant overcome such limitation.
And if any interim order subsists to the advantage of the respondents then file a vacating application of such order on grounds of wasting the courts time and the litigants money.
Approach the court for declaring the respondent as ex-party and start the ex-party evidence and pronounce Final Judgement after the Evidence and Argument.
Advocate, New Delhi
1. If the respondent absetns himself then it is legally benificial for you,
2. Pray for ex-parte order from the Court including awarding of costs.
Hi, if the Respondent did not turn up for the argument request the court to post the matter for Judgement and once the matter is posted for Judgement the court or parties have no power to recall the same and court will bound to pass the judgement.