Asked in Recovery
Dear Sir, It being a civil case you can execute Special Power of Attorney in favour of your friend who is residing in India to file your civil case before expiry of limitation period. Your personal presence is not necessary to file such case.
Dear Client, If you are outside India and the limitation period for filing of civil suits is almost over, then you need to know the process of filing a case from abroad. Jurisdiction and Advice: Firstly consult a lawyer in India who practices in civil matters to know the jurisdictional requirements and the process of filing a case from outside India. They will advise you whether you need to be present in India for filing and subsequent proceedings. Online Filing: Many courts in India have started accepting online filing for certain cases. Check the website of the court where you want to file your case to know if online filing is available. If yes, read the process and requirements for online submission. Power of Attorney: If physical presence is required for filing or attending court proceedings, you can appoint a trusted person in India as your attorney through a Power of Attorney. This person can act on your behalf for all legal matters related to the case, including filing documents and representing you in court. Document Preparation: Organise all the paperwork that will be needed in the filing of the case including the complaint, documents in support of the case and all other papers that are needed in the filing of the case. Make sure these documents adhere to the formatting specifications and submission protocols of the court. Payment of Fees: In most legal matters, there are costs that needs to be incurred during filing of any legal case and be ready to meet the costs. Methods by which fees can be paid, or the fees which are charged on various courts can also be different. Regular Communication: To cope with the situation, one should regularly communicate with the lawyer and the court regarding the state of affairs in the case. This means you might have to participate in hearings through a video link or give additional directions to your lawyer when necessary. Follow Legal Procedures: Please obey all legal processes and time that is required by the court from the time you file your case through the time it is determined. Noncompliance with these provisions entails dismissal or adverse decisions, as indicated above. In conclusion, although it can be possible to file a civil case as well as continue it from a foreign territory, it is advisable to consult a professional legal counselor who has knowledge about the intended legal system of the country, and in this case, India to determine the adherence to all the processes that are to be followed.
In general, physical presence is required but option of Power of Attorney can also be explored if unable to reach India within time limit.
1. For filing money recovery suit your physical presence is not required. 2. You can give General Power of attorney to anybody of your choice who detail knowledge about your transaction. 3. The case has to file manually as well as online also. 4. No need to present each and every date.
Download the Vkeel app, which makes things easier as you can keep everything handy in your phone. You can book consultation with selected Lawyer.
Download Vkeel App