Appearance - Definition - Law Dictionary Home Dictionary Definition appearance

Definition :

Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.

An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).

Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]

The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the appearance is required at subsequent stages, the emphasis is to require the physical presence of the party. This view gains strength from the fact that the appearance through an agent or counsel already exists. Appearance in the same form for the second time becomes superfluous, Goparaju Venkata Satya Suryanarayana v. Jallapragada Naga Venkata Suryanarayan Murthy, AIR 2006 AP 278.

When a person is served with a summoning process from a Court he generally comes into such Court to defend himself by entering an appearance with the proper officer.

Appearance to actions in the High Court of Justice must be entered within eight days from the service of the writ of summons, that being the time limited by the writ; but by r. 22 of R. S. C. Ord. XII., he may appear at anytime before judgment, and by r. 5 if an action is commenced in a district registry there is an option to enter appearance in London, and if appearance is entered in London the action proceeds there (r. 7).

Formerly in indictments of felony the accused had always to appear and plead in person, and likewise in appeal or on attachment; but in indictments or informations for misdemeanours, the accused might appear by attorney; and in misdemeanours generally after the accused had once appeared, the trial might proceed in his absence, 2 HAWK, PC C 22, s. 1; Cro. Jac. 462; 4 Steph. Comm. See ACCEPTANCE OF SERVICE.