06 July 2019
Hello, I am Amit Joshi. I had filed 156(3) complaint in Magistrate court. He has taken cognizance in crpc 202 with which I was not happy, therefore, I filled revision case in Session Court. Now, there is nearly eight months from filling revision case in session court. Its shows status online is " notice unready". I have asked my advocate why our case is not moving forward, he is continuously saying that notices are not served till date. But I wondered that all the addresses are 100% correct and all the respondants stays in same city(jurisdiction) then why such significant delay nearly 8 months is happening. My friend told me on this that, your advocate is collided with opposite party and he is just saying notices issued but in reality no notices are issued by court because its shows status as "notice unready". Here, I want to just ask one thing that, what is the meaning of status "notice unready"? How do I know whether notices are actually issued against respondants or not (because my advocate is not telling the true picture to me) ?
07 July 2019
If you have lost faith in your lawyer you must change him/her immediately. It would be better to consult another local prudent lawyer with relevant records for proper analyses, guidance and proceeding. If you are located in Delhi/NCR and feel so, may contact me with records (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # +91- 98911-52939 email: email@example.com or visit: www.vakil-saab.com
19 July 2019
1. Magistrate /Judge has to issue order to prepare Notice to opposite parties. AFTER this order, the Court Registrar /Head Clerk, prepares the Notice and dispatches it provided proper dispatch fees are deposited in court treasury. Here Notice is not prepared (maybe deliberately) by the court staff and thus gets delayed. There is no fault of lawyer, though the lawyer can pursue and hasten up the process.
2. IF you do not trust the lawyer anymore, THEN the next best option is to relieve him and you can then represent yourself in person and conduct future proceedings .... it is actually very simple and non-complicated.