Pros and cons of argument for a good faith gpa
Stephen
(Querist) 31 March 2019
This query is : Resolved
Dear Experts,
I am standing as POA/GPA on behalf of my friend- Plaintiff (living abroad) who got cheated of plot. I was assigned as GPA only after it was known the plot was sold as paper sale with fictitious katha # with substantial evidence of producing other case OS/598/1998 judgment gone against the defendant of the entire layout itself. Besides we have produced WhatsApp message between defendant and plaintiff wherein defendant acknowledging to sort out and settle if the plaintiff withdraws the police compliant OS/5854/2016 for recovery of money and cancellation of sale deed.
While the case has progressed upto cross examination on both sides, yet the defendant through one of the IA statement is expecting court monitored commission enquiry to redraw the boundaries by falsely highlighting that I GPA has sold some piece of my friend’s plaintiff plot to neighboring Flat/Apartment builder; and as such I have put this case against defendants to recover money and thus diverting court. Towards this in the ensuing argument stage can we ask defendants to show / table proof also can we produce additional docs / proof OR highlight their own docs & statement tacit acknowledging their misdeeds.
As I am standing as GPA to my friend to ensure justice is done to this problem and money is recovered for him and importantly this fictitious sale deed is cancelled… Kindly help me with your advice so as to what aspects can be and cannot be brought through verbal and written process of argument stage so that I am not been falsely accused and when ORDERS are issued would Judge word the orders expunge false accusation against me as well.
Appreciate your understanding of my situation and hence needing your expert advice.
Many thanks & Regards
Stephen
Vijay Raj Mahajan
(Expert) 31 March 2019
You have a competent Advocate representing you in court, he is good enough to advice you and get you relief from the court, why you look for free of cost legal advice and consultancy here in this forum.
The matter is sub-judice and any advice by anyone not familiar with complete case file can bring more trouble for your case in court.
Best to adhere to the legal advice and guidance of your local advocate only.
Dr J C Vashista
(Expert) 01 April 2019
Consult your lawyer who is an able, competent and intelligent person and well versed with facts/ documents of the case, without expecting proper FREE advise of experts on this platform.
Stephen
(Querist) 01 April 2019
Dear Respected Sirs,
I fully understand your point, though from the case as I explained it may appear that my lawyer has done good work... the case is I have taken lot of pains to gather all the evidences and investigate all the details and give all docs to push the police(ensuring FIR & Chargesheet) and lawyers to do their work is also with the fact after asking many times whats the next steps and he just doesn't give any help / advice... hence I approach this professional body with confidence for simple advice.
Appreciate your understanding with anticipation of your kind and sound advice.
Regards
Stephen
KISHAN DUTT KALASKAR
(Expert) 05 April 2019
Dear Sir,
If it is really a false and fictitious sale deed you may initiate criminal proceedings and get a finding accordingly. In the meanwhile amend your pleadings and claim damages/compensation in the same suit for such false allegations of sale and accordingly a distinct additional issue will be framed and on establishing the same you are entitled for compensation apart from expunging such allegations.
Stephen
(Querist) 05 April 2019
Dear Respected Kishan Dutt Sir,
Thanks for your reply. To reiterate I as POA for my friend(Plantiff) have also filed criminal case against the defendant. Nothing is progressing on cricimal side. However currently I am perusing on OS side. Wherein both side cross examination is over. While we have produced lot of evidence against the defendant including WhataApp admission of guilt and OS598 ORDER which has gone against the whole defendant family whereby defendant have acknowledge their misdeeds. Since I am standing as POA for my plaintiff(Friend), and the scope of GPA is only to fight / contest this case OS5854.The defendant falsely accusing me (GPA/POA) that I have colluded with neighbor flat/apartment builder to sell piece of my friend plaintiff plot to builder and I have wrongly put OS against the defendant and thus they are seeking court monitored commission and thus diverting court proceeding. Therefore from this expert panel, I was seeking advice whether when argument and final ORDER stage comes would my name would be cleared by the judge that they (defendants) have falsely accusing me. Besides decreeing justice to my friend(plaintiff) of providing / ensuring that defendants return 26 lakks with interest and cancel the sale deed.
Awaiting your valuable help with advice and reply.
Regards
Stephen
Raj Kumar Makkad
(Expert) 15 January 2020
If your lawyer is not competent, change him. It is dangerous that a litigant from the non-legal profession, guides in legal issues to his lawyer in his case. Collection of evidence (oral as well as documentary) is the responsibility of a litigant but it is the duty of the lawyer to arrange the evidence in legal way. He is the master of his case and thus he has to decide which evidence to be brought at which stage and which issue to be brought in the knowledge of the court at which stage.
You should not care for the criticism of the opposite party but should definitely reply the application in proper manner with required/available evidence in support of your claim therein.
