Quashing a case from trial court
kalpesh
(Querist) 01 February 2015
This query is : Resolved
i have some issues with my wife and she is living with my inlaws since 2007 with my son borned in 2005.i got married in 2003.my father was expired in 1988 and grand father expired in 1998.my wife put a property injunction case in my city trial court on behalf her and son.my lawyer saying that there is no VAAD KAARAN according hindu act 1956.he tried to dismiss wrong case by putting 7/11 petition but trial court rejected it.i didnot appeal in high court for this rejection and time for appeal has gone away.trial court timepass is teasing me.Is there any other way to quash this case in applying high court if there is no cause of action arise.my wife admitted in court about my son birth year and death year of father and grand father when her statement were taken
Rajendra K Goyal
(Expert) 02 February 2015
move with the case on merit, consult your lawyer.
kalpesh
(Querist) 03 February 2015
when a case is running in a trial court breaking the basic rule of law relating presence of VAAD KAARAN then how can we watch it pulling time unnecessary.suggest me another way except 7/11 petition bcoz it has been rejected in trial court and high court appealing period also has been passed.
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
The trial court has dismissed the petition filed by you under O7 R11, instead of filing a revision within the prescribed time limit you are now seeking for a different route to quash the case. This is not a criminal case that it can be quashed. You can either file a revision along with condone delay petition or challenge the case in the trial court itself. actually, if the property is ancestral in nature, she has a case seeking a share on behalf of her son as a guardian and next friend, but once you, the father is a natural guardian, her case may not sustain. You have merits on your side, so please fight it out in the trial court itself.
