Filed a consumer case against real estate builder
9 months ago
I have filed a consumer case against real estate builder. the case is going on for the past 5 years. No idea when the case judgement will be passed. The query is how to nominate someone to deal with the case judgement in absence of the plaintiff
A.Dear Client,
Nomination is not allowed or permitted under Court proceedings. Once a plaintiff/complainant signs a Vakalatnama in f/o an Advocate authorizing him to represent his case before the Court, until and unless the physical appearance is required for evidence/examination, a plaintiff need not to nominate or authorize any other person at the time of delivery of judgment/order by the Court. Instead, if so required, the plaintiff can execute a Power of Attorney in favour of a person to look after the liaisoning matter with the Advocate during his absence. But in case of any adverse order passed in the case that requires appeal before the higher Court, then the plaintiff being the appellant required to be present and sign the Appeal, Affidavits and Vakalatnama etc. afresh for filing the appeal before the Higher Court challenging the Order.
Nomination is not allowed or permitted under Court proceedings. Once a plaintiff/complainant signs a Vakalatnama in f/o an Advocate authorizing him to represent his case before the Court, until and unless the physical appearance is required for evidence/examination, a plaintiff need not to nominate or authorize any other person at the time of delivery of judgment/order by the Court. Instead, if so required, the plaintiff can execute a Power of Attorney in favour of a person to look after the liaisoning matter with the Advocate during his absence. But in case of any adverse order passed in the case that requires appeal before the higher Court, then the plaintiff being the appellant required to be present and sign the Appeal, Affidavits and Vakalatnama etc. afresh for filing the appeal before the Higher Court challenging the Order.
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A.Dear client,
It is important that you the plaintiff have to show up for the hearing.
If the Plaintiff does not show up for the trial and the Defendant does appear, if the Defendant asks, the Court may dismiss the case without prejudice. This means the Plaintiff may refile the case again within the statute of limitations. But the Plaintiff must start all over with a new Notice of Claim and pay the filing fees (court costs) and service fees again. The original filing fee and service fees will not be credited to the new filing and cannot be refunded.
If the Plaintiff does refile the case and again fails to appear at trial, the Small Claims Rules say the Court may dismiss with case with prejudice. A dismissal with prejudice will prevent the Plaintiff from ever being permitted to sue on the same dispute or claim. A case dismissed with prejudice can never be refiled. Small Claims Rule 10(A).
If the Plaintiff fails to appear for the trial and the Defendant appears and has filed a counterclaim, the Judge may enter a default judgment against the Plaintiff based on the Defendant's counterclaim, assuming the Defendant satisfied all the requirements for a default judgment.
It is important that you the plaintiff have to show up for the hearing.
If the Plaintiff does not show up for the trial and the Defendant does appear, if the Defendant asks, the Court may dismiss the case without prejudice. This means the Plaintiff may refile the case again within the statute of limitations. But the Plaintiff must start all over with a new Notice of Claim and pay the filing fees (court costs) and service fees again. The original filing fee and service fees will not be credited to the new filing and cannot be refunded.
If the Plaintiff does refile the case and again fails to appear at trial, the Small Claims Rules say the Court may dismiss with case with prejudice. A dismissal with prejudice will prevent the Plaintiff from ever being permitted to sue on the same dispute or claim. A case dismissed with prejudice can never be refiled. Small Claims Rule 10(A).
If the Plaintiff fails to appear for the trial and the Defendant appears and has filed a counterclaim, the Judge may enter a default judgment against the Plaintiff based on the Defendant's counterclaim, assuming the Defendant satisfied all the requirements for a default judgment.
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