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Delhi High Court Rules Advocates Not To Be Asked To Appear Physically Amidst Covid Pandemic
Shreya Agarwal
25 Nov 2020 8:50 PM IST
After an aggrieved petitioner moved the Delhi High Court, against the listing of his case for physical hearing in a trial court, the High Court has directed that advocates cannot be asked to appear physically before court amid the pandemic.In light of a circular passed by the court earlier, though, it has said that in case of non-appearance through virtual mode even after being intimated,...
After an aggrieved petitioner moved the Delhi High Court, against the listing of his case for physical hearing in a trial court, the High Court has directed that advocates cannot be asked to appear physically before court amid the pandemic.
In light of a circular passed by the court earlier, though, it has said that in case of non-appearance through virtual mode even after being intimated, the concerned court will be free to proceed in accordance with the law.
The order was passed in a petition being heard by a Single Judge Bench of Justice Sanjeev Sachdeva.
The High Court stated, "In view the advisories issued by the High Court, petitioner cannot be asked to appear physically unless the advisory is modified by the High Court, however, recently the High Court has issued a fresh advisory that in case parties do not appear even through virtual mode even after being intimated, the Trial Court is free to proceed in accordance with law."
The petitioner stated that his application for a virtual hearing had been dismissed by the trial court on the ground the possibility of lengthy arguments being advanced by parties.
The petitioner highlighted that his advocate's family members were vulnerable senior citizens and it would be risky for him to appear physically at this time.
As only an application for restoration of the suit was pending consideration, the court then directed the trial court to conduct a virtual hearing.
[Read Order]
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