Can i ask for some proof to merit the case in rejoinder appeal

Amit (Querist) 29 July 2014 This query is : Resolved
Plaintiff filed a suit in the High Court for Specific Performance stating that the suit premisis was sol;d to him by the seller before he sold it to me.

He had an unnotorised, unregistered Agerrment with all payments made in Cash only.

He had a motion to get a stay on the suit premisis which was granted.

The case was then transfered to the City Civil Court where he did not attend any hearing. hte case was dismissed for want of Procecution.

He has now filed a Motion for Rejoinder stating he was unwell.

Can I ask the court to check the merits of the case before allowing the rejoinder as he is a habitual Fraudster and is wasting the courts time.

I want the court to ask him to produce his bank statment and income tax returns before allowing him the rejoinder.

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V R SHROFF (Expert) 29 July 2014
he is applying for RESTORATION OF CASE.

So merit of case cannot be considered.
Only his inability to attend court was justified or not?? is matter to decide.

You Object, on basis that he can always engage Advocates, who can appear in civil court.. Dis he applied Adjournments during court proceedings?? FIGHT ON THAT BASIS..
yOUR aDVOCATE WILL DO THE NEEDFUL TO RESIST HIS aPLI.,

ajay sethi (Expert) 29 July 2014
agree with mr shroff

R.K Nanda (Expert) 29 July 2014
first he must file application for restoration of his case and if said application is allowed by court only then he can file rejoinder.