Description

Section 133 of the Code of Civil Procedure (CPC) provides an exemption for certain persons, other than women (as mentioned in Section 132), from the requirement to personally appear in court during civil proceedings. This exemption recognizes that certain individuals may face legitimate difficulties in attending court due to factors such as illness, age, or other compelling reasons.

Key Provisions of Section 133:

1. Exemption for Certain Persons:

   • Section 133 grants exemption from personal appearance to individuals who may be unable to attend court due to illness, age, disability, or any other valid reason as determined by the court.
   • This provision is particularly relevant for individuals who are elderly or sick and whose attendance in court may cause undue hardship or detriment to their health.

2. Who Can Be Exempted:

   • The exemption applies to a person (not limited to women) who is unable to attend court due to reasons such as:
     • Illness or physical incapacity.
     • Old age or disability.
     • Any other justifiable cause that the person may present to the court.

3. Application to the Court:

   • The person seeking an exemption must make an application to the court, providing details about why their personal appearance would be difficult or impossible.
   • The court will then assess the validity of the reason and grant the exemption if it is satisfied that the individual’s presence in court is not feasible under the circumstances.

4. Representation by Agent or Lawyer:

   • If the exemption is granted, the person is allowed to be represented by an authorized agent or lawyer.
   • This ensures that the case can proceed without delay, even if the person themselves cannot be physically present in the court.

5. Discretion of the Court:

   • The decision to grant an exemption under Section 133 is at the discretion of the court, and the court will consider the specific circumstances of the individual seeking exemption.
   • The court will also ensure that the interests of justice are maintained and that the proceedings are not unduly delayed or hindered.

6. Purpose of the Exemption:

   • The purpose of Section 133 is to ensure that justice is accessible to all individuals, even those who are physically unable to attend court. The law acknowledges that access to justice should not be hindered by physical limitations, and thus provides a way for individuals to participate in legal proceedings through representation.

Punishment

Section 133 does not specify punishment or penalties for failure to appear in court, but it provides an avenue for those who are genuinely unable to attend to seek an exemption. However, there could be consequences if the exemption is improperly claimed or the individual fails to appoint proper representation:

1. Misuse of Exemption:

   • If someone falsely claims to be ill or unable to attend court, it could lead to delays in the legal proceedings. The court might reject the claim if it is found to be unjustified or fraudulent.

2. Delays in Case Progression:

   • If the exemption is granted but no proper representative is present, or if the person seeking exemption fails to arrange for representation, it could cause delays in the case's progression.

3. Court’s Discretion:

   • The court has the discretion to ensure that the case continues smoothly, even if the person is exempted from attending. If an exemption is wrongly claimed, the court could order the person to attend in person, or the proceedings may be delayed or dismissed if the person fails to act appropriately.