balaji n 13 November 2017

Framing of issues - immovable property, partition dispute

A simple partition suit were even defendants(all of them) not even filed a reply and marked ex parte. But judge has been sleep mode for 3 months where issues has not been framed i.e case is in framing of issues stage. I do have some amount of legal knowledge and I can easily say my case is not a case at all. Even if my opponents go to supreme court they cannot win and thats why they didnt even turn up in court and marked as ex parte. Their only hope was they thought i will not approach court. Judge is just postponing the case every time "call for issues". Really frustrated due to delay from court's side. Is their any remedy ?

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6 Replies

Arif Iqbal (Advocate) 13 November 2017

Court cannot adjourn the matter more than three times. More over as the suit is exparte, Court may directly proceed to evidence stage.

Advocate Bhartesh goyal (advocate) 14 November 2017

if defendants have not submitted their w.s and court proceeded ex-parte against them then no need to frame issues and court proceed dor ex-parte evidence..

balaji n 14 November 2017

ok even if judge wants to frame issues no problem ........ but he is not doing it for 3 months and just throwing away the papers saying "call for issues" I donno wat to do with this problem ..... when will he frame the issues and proceed forward

SHIRISH PAWAR, 7738990900 (Advocate) 15 November 2017

Tell your advocate to make submissions that you want to file affidavit or file application that you want to file affidaivt let court pass the order on same.

balaji n 15 November 2017

me being a physically handicapped person can i request the district judge to expedite the proceedings by meeting him in his room before start of court hours......

I have government certificate for handicapped as well ............

I heard that for senior citizens they give priorities in court...... is there any priority for physically handicapped ......