Grant of ext. on ex-party inj. order without prayer
Mr Sreejit
(Querist) 29 October 2018
This query is : Resolved
1. An EX-PARTY ORDER OF INJUNCTION AND STATUS QUO WERE GRANTED ON PLAINTIFF in 2013.
2. Plaintiff had been RELIGIOUSLY submitting petition for EXTENSION of those initial orders on each date of hearing.
3. These extensions had been MECHANICALLY granted with the wording 'Extended till further hearing' by the Judge without introspecting the plausible reason for such extension.
4. On one such occasion the Plaintiff did not serve notice of his filing Extension Petition NOR filed the same before the petition at the Court.
5. The Adv. of the Defendant presumed that since neither the notice of extension petition is served on him nor the same is filed at the Court, he gave a petition to the judge that the Adv. for Plaintiff did not file any petition for extension and as such the Orders got expired due to non-extension and pleaded not to reinforce or effect such lapsed orders which is not prayed upon.
6. The Judge simply ignored the plea of the Adv. of the Defendant and asked the Adv. of Plaintiff to handover the Petition for extension to the Adv. of Def. and the Judge reinstated the ORDERS WHICH WERE ALREADY LAPSED AND EXTINCT.
Dear Experts, kindly advice :
1. IS THE JUDGE RIGHT IN GRANTING WHAT IS NOT EVEN PRAYED BY THE ADV. OF PLAINTIFF?
2. IS SUCH EXTENSION AN OBLIGATION ON THE COURT OR ON THE PARTY ENJOYING SUCH ORDER?
3. How to obtain Order from the Judge to the effect that those Initial Orders were lapsed due to non-extension with RETROSPECTIVE EFFECT ?
Regards and Thanks.
KISHAN DUTT KALASKAR
(Expert) 29 October 2018
Dear Sir,
If everybody was so technical like you in judiciary then the judiciary would have been introduced more and more scientific methods. Yours arguments are correct. You may prefer revision before higher court. Order 39 itself provides for final disposal IA within 30 days, which is as follows.
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ORDER XXXIX : TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
Temporary injunctions
3A. Court to dispose of application for injunction within thirty days
Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.]
Guest
(Expert) 30 October 2018
What is your interest, when you are not party to the case?
Adhere to your own formula, i.e., YOU ARE GIFTED WITH COMMONSENSE AND CONSCIOUSNESS TO KNOW WHAT IS GOOD AND NOT...... LEARN TO LOVE AND LOVE TO LIVE AND PEACE AND PROSPERITY BE YOUR SIGNATURE OF EXISTENCE AFTER ALL YOU ARE HERE TO LIVE TILL DEATH
So, why worried, let both the plaintiff and defendant decide themselves or get decided by the judge of the case, unperturbed by your intervention? Let that be RELIGIOUSLY or MECHANICALLY, if you consider that NOT JUDICIOUSLY. It is not necessary that judge should follow your perceptions. If found very necessary, he can decide even CHEMICALLY also. After all he also has some commonsense and consciousness to deal with the matter placed before him to judge in any way he considers to be judicious.
However, if you have any special interest in the judge not dealing as per your own thought perception, you may contact some local lawyer, if permissible for you, become party to the case to plead as per your perceptions.
Best of luck!
Mr Sreejit
(Querist) 30 October 2018
1. Thnanks at Kishan Dutt and Vasisht Ji.
. Mr. Dingra, I fail to understand why you are so furious when there are experts in this forum who understood my query very clearly. I described thee issue here in the angle of third-person perspective. Had I not interested in the issue, I am not here to pollute in this esteem forum and waste time of precious people, Sir. I am on the side of the defendant, it goes without saying, else i would not have raised the issue here. And your sarcastic comment of 'CHEMICALLY' shows (off) your high knowledge and orientation towards judiciary. APPLAUSE for that. The judge cannot put his commonsense in this system of adversary school of judiciary, had it so we would not be counting the number of pending cases in crores, Sir. Please, as a learned icons of this stupid society, come out with clear picture on judiciary and the way with which a Judge is disposing or placing themselves in the eyes of Law. Again, with great reverence and respect and honour, I state here that the mentality of many judges are 'skewed' ample examples are strewn around and littered everywhere, no need to point at one or two. I am none to expect a judge to think what I think, Perspective. There is Law which is the boundary within which a Judge has to conduct himself in administration of justice, else he will be ridiculed by his own contempt. I STOP HERE.
Guest
(Expert) 30 October 2018
Mr. Sreejit,
When you come with any problem without head and tale and without showing any specific concern with the problem, you do nothing except to tend to waste time and energy of the experts.
Secondly, if you can find religion and mechanism in the judicial trials, it is for you to explain how religiously petitions were filed and how extensions were granted mechanically. It was you, who used sarcasm about judiciary. If petitions can be submitted religiously and extensions granted mechanically, what is the harm, if the judiciary also starts to use chemical formulas to arrive at its decision in the case? IN FACT, YOU TRIED TO MAKE MOCKERY OF THE JUDICIARY, with your pungent remarks, not only through your original query, but also in response to my post..
Thirdly, you were required to state clearly, what 3rd person perspective was involved that compelled you to take interest in a third person's case, without your involvement, as a party?
Fourthly, when the third person had already hired a lawyer, to defend his case, what prevented you to approach him to get your doubt cleared?
Fifthly, if you are a layman, how the third person's lawyer was expected to be influenced by you to follow your borrowed ideas through this forum, when he could well have taken assistance from his own fellow lawyers in the court or asked his own query at this forum.
On all the aforesaid aspects, you did nothing but tried to pollute this esteem forum to waste time, energy and resources of the precious people. Mind it, the experts are not here to waste their precious time, energy and resources just to solve the academic queries of lethargic law students, not interested to devote their time in their course material or the persons interested only to pass their time. The experts are meant to help only those persons, who are really facing any legal problem. YOUR TRACKRECORD AT YOUR PROFILE VERY WELL SUGGESTS THAT YOU HAD BEEN HABITUAL TO POST ONLY ACADEMIC QUERIES, NOT ANY PERSONAL PROBLEMS.
Mr Sreejit
(Querist) 30 October 2018
Dhingra Sir, you may be partially true. I am a layman but i am implicated as litigant (defendant). The grant of exparty order was to paint a wall of the plaintiff. It was granted in 2013 and the extension of the same been prayed (religiously, without any valid reason of length of time through which the plaintiff keeps painting his walls non-stop through out the year, for several years) and the Hon'ble Judge keep extending the validity of the 30 day order as if he is convinced that the painting work is still taking place since 2013. Am I able to make any point at this time? The Adv of plaintiff failed to file petition for extension on a particular hearing (September 2018). My Adv (Adv for defendant) gave apeetition that the plaintiffs have not prayed for extension and the validity of ex-party order ends there. But inspite of the petition by my advocate, the Judge asked the Adv of plaintiff to serve copy of petition seeking extension of exparty order and brought it into CURRENCY. Atleast, am I able to make thins clear. This is not a query of a law student or a letargic person or an illiterate person. I am inflicted as a litigant and my personal life, peace, harmony, productivity to society and nation are at stake since 2013. If i am not able to make a point even now, I am afraid that I am wasting my time than that of "EXPERTS' " If the Judicial system followed is ADVERSARY, how can a judge grant/bestow to a party/litigant which he did not even ask for? Dies the Judge has any obligation to effect any lapsed order with BACK-DATE EFFECT? This may sound academic to those who donot have empathy to the suffering heart.
Isaac Gabriel
(Expert) 06 December 2018
The Supreme court has held " If the notices issued by the court received by the respondent and the case is set ex-prty, the re-open petition if submitted after 30 days needs to be dismissed." Contact lawyer.
Raj Kumar Makkad
(Expert) 30 April 2020
I do endorse the wise advicce of Ld. expert Dhingra ji.
Guest
(Expert) 01 May 2020
Thank you Makkad ji for endorsing my views on the query and its style of posting.
.
Rajendra K Goyal
(Expert) 01 May 2020
You said:
1. IS THE JUDGE RIGHT IN GRANTING WHAT IS NOT EVEN PRAYED BY THE ADV. OF PLAINTIFF?
Reply:
The orders are right till decided otherwise by the competent court.
You said:
2. IS SUCH EXTENSION AN OBLIGATION ON THE COURT OR ON THE PARTY ENJOYING SUCH ORDER?
Reply:
Court thought it necessary, not challenged by other party to be reversed.
You said:
3. How to obtain Order from the Judge to the effect that those Initial Orders were lapsed due to non-extension with RETROSPECTIVE EFFECT
Reply:
Difficult to get by same court , can approach higher court if it issue such orders.
