12 September 2019
Hi, A suit was filed to restrain the Defendants u/s 38 Specific Relief Act in a district court in June 2018 in respect to a land in Maharashtra. The Plaintiff's claim was based on a Muslim Gift-Deed from a husband (now deceased) to his wife. The Defendants (legal heirs) filed Counter Claim, all the contentions were false. The Plaintiff filed reply/ Written Statement. Further, the matter was kept for Arguments on Exhibits. The Plaintiff submitted the Exhibits. The Defendants did not submit their Exhibits.After a span of 15 months, the matter was heard on 11.09.2019. The Advocate of the Plaintiff argued but not upto the mark.in other words some points were skipped/ignored/incomplete/haywire although all the exhibits on which the Plaintiff relies are on the Courts record alongwith WS. The Plaintiff fails to understand what went wrong with the Advocate..The Magistrate has asked for ORIG. Gift-Deed and kept the matter for order on 30.09.2019.
Is there any way to fill the lacuna/gap created by the Advocate at the time of Arguments, before the Order? As the argument was not upto the mark, will the Magistrate consider/refer to the WS? As the Magistrate has asked to submit ORIG. Gift-Deed, should the Plaintiff submit it with a precipe before the Magistrate? Will the ORIG. Gift-Deed be returned, as this is the only document on which the Plaintiff relies upon? How to safe-guard the same, plaintiff is skeptical? What if the judgement goes in favor of the Defendants although the Plaintiff's case has all the merits? Can it be challenged in Aurangabad High Court? Does Aurangabad High Court requires English Translation?
Your advice will definitely be very highly appreciated.
12 September 2019
1. Oral Argument hardly has any merits and can be skipped totally, SUBJECT to "Written Arguments" submitted before close for order, by court. Further once matter is closed for order, an application can still be moved for additional documents /statement /argument, which MAY be entertained by the judge at his discretion.
2. ALL High Courts, require Revision /Appeal applications and documents ONLY in English, which must be done thru a certified and approved Translator.
13 September 2019
What is your locus standi as the response shall change with party you are representing/ litigating? What do you mean from the term used "argument on exhibits"? It is advisable to show the case file to a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.