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justice wanted (adg)     22 October 2013

Need help

My husband filed divorce case and won that case at trial court . the documents that are on order sheet record submitted by me were found missing at trial court record and some other case file papers are placed there whereas all the documents submitted by my husband are in the file. Moreover, the final arguments submitted by me were not page numbered and it has been replaced by my husband's  copy where he signed and make some comments on my final written arguments. I asked for certified copy of the papers but were refused by High Court. Whenever I appoint some lawyer, he used to bribe them so that no body fight my case at High Court. Till today three legal aid lawyers are bribed by him. Kindly advise and need some honest lawyer to fight my case. I am a Cancer patient fighting for justice.  



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 3 Replies

Adv. Chandrasekhar (Advocate)     23 October 2013

First of all get the certified copy of the entire trial court file from back to back.  If the papers in the trial court record have misplaced, it would be proven once you get certified copy of the record.  Why high court has refused to give certified copy of the record, tell us the reason, 

justice wanted (adg)     23 October 2013

Sir, the documents are not page numbered. Thats why they said the it was not taken on record. only the page numbered papers are given for certified copies.

Adv. Chandrasekhar (Advocate)     23 October 2013

With cool head you think.  The allegation which you are putting is a serious allegation and if you prove the documents are removed from the court file, then heads from the office of the court will roll.  But what are the documents those are material and removed?  The documents can be classified into two categories - exhibit documents and mark documents.  Exhibit documents are those documents which are exhibited with specific numbers and documents can be exhibited if originals are shown at the time of evidence.  Other category of documents are 'marked documents'.  They are only photo copies whose originals you could not produce at the time of evidence. Generally, in the case of exhibit as well as marked documents, in the affidavit in evidence you filed, you refer them.  So, court has given page number or not is irrelevant.  If you referred those exhibit and marked documents in your affidavit and now those documents are not traceable, then it is a serious misconduct on the part of the court officials and you can raise an issue.  Otherwise not.  In respect of written arguments papers, if some papers are misplaced, that will not harm your case because in High Court your case will be heard on every legal and factual point, if it is based on record.  If your case falls in Delhi, you can take my assistance without hesitation.

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