Mr Sreejit
29 October 2018 at 16:43
1. An EX-PARTY ORDER OF INJUNCTION AND STATUS QUO WERE GRANTED ON PLAINTIFF in 2013.
2. Plaintiff had been RELIGIOUSLY submitting petition for EXTENSION of those initial orders on each date of hearing.
3. These extensions had been MECHANICALLY granted with the wording 'Extended till further hearing' by the Judge without introspecting the plausible reason for such extension.
4. On one such occasion the Plaintiff did not serve notice of his filing Extension Petition NOR filed the same before the petition at the Court.
5. The Adv. of the Defendant presumed that since neither the notice of extension petition is served on him nor the same is filed at the Court, he gave a petition to the judge that the Adv. for Plaintiff did not file any petition for extension and as such the Orders got expired due to non-extension and pleaded not to reinforce or effect such lapsed orders which is not prayed upon.
6. The Judge simply ignored the plea of the Adv. of the Defendant and asked the Adv. of Plaintiff to handover the Petition for extension to the Adv. of Def. and the Judge reinstated the ORDERS WHICH WERE ALREADY LAPSED AND EXTINCT.
Dear Experts, kindly advice :
1. IS THE JUDGE RIGHT IN GRANTING WHAT IS NOT EVEN PRAYED BY THE ADV. OF PLAINTIFF?
2. IS SUCH EXTENSION AN OBLIGATION ON THE COURT OR ON THE PARTY ENJOYING SUCH ORDER?
3. How to obtain Order from the Judge to the effect that those Initial Orders were lapsed due to non-extension with RETROSPECTIVE EFFECT ?
Regards and Thanks.
Ramesh Naidu
29 October 2018 at 13:26
Sir
I have bought a flat from the builder. He is mentioning in the sale agreement/construction agreement that I should not approach the court for any deviations of the construction agreement.Does it come in my way for approaching the court in future.
Jaspreet Singh Saluja
28 October 2018 at 23:37
I have heard that demolition of cinema theatre is not permissible in Uttar Pradesh. I want to close and demolish a single screen cinema theatre. Please describe the procedure for that.
b B Raju
28 October 2018 at 14:52
I am fighting a civil suit against my brother. I have filed the above suit myself as party in person. The suit is comming up for defedent i.e my brother cross examination. Since i do not want to see his face and encounter in the cross examination, can i give authorization to any advocate.( not vakalat). If so kindly show me provisions in advocate's act.
Anonymous
27 October 2018 at 15:40
Is there any limitation period prescribed to file an application before Registrar, after serving Notice u/s 101 to the defaulter by the Co-operative Society?
Anonymous
27 October 2018 at 02:24
Dear sir,
I am a resident of kolkata, I have contact with a promoter with 2 storied building but he contruct 3 storied without our written agreement.now I have filed atitle suit for injunction but the judge refuse to allot injunction because we have no provate, at this stage case is going on and judge demand written statement to defendars but they are unable to submit the same, now I appel to the hon'ble court already statutuary time i.e.120 days over, and order39 rule 7 pettition submit, hon'ble judge order hearing for injunction.
promoter already sale a flat on 3rd floor and another under construction is abandoned and some unknown person like promoter worker are living there.
already i have filed petition and other documents for provate.
my queries is what step should be taken for this situation.?
Thanks & Regards
chandan bhattacharjee
Anonymous
26 October 2018 at 19:54
Hello Friends,
Can you please provide a sample application for Appointment of Receiver under Specific Relief Act for a Trust (Indian Trust Act running colleges/institutions).
Regards
Deepak
Anonymous
26 October 2018 at 14:07
Sir, I am Krishna Prasad retired State Government Employee, Hyderabad. Sir, my brother in law taken a loan in the year 2004 from Syndicate Bank for construction of a flat for that I have given surety. My brother in law L.V. Ravi Chand expired on 31-05-2014 and I have cleared the entire outstanding loan which is more than the amount taken by him from that bank. In the loan application form he has mentioned his wife and daughter as legal heirs but they got divorced in the year 2004. As his lonely mother who was 82 years then have been depending on us as she does not have any support from any source. As my brother in law mentioned the legal heirs in the loan application form, the bank is not handing over the original title deed documents to us. In the month of July, 2018 I have addressed the Syndicate Bank Regional Office, Khyratabad, Hyderabad quoting the sections 140 & 141 and according to these sections as a surety holder I am entitled to receive the original title deed document of the flat. For this bank has agreed my right but they have asked me to obtain suitable orders from the court to enforce my right.
Sir, as I am elderly citizen and suffering from asthma staying with my daughter cannot move my case in the court all alone, can I have your help and advice in this matter.
Thanking you.
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Late interlocutory application
I am defendant.
Plaintiffs have filed interlocutory application to prolong the trial after giving witness statement and after cross examination and when the issues pertaining to plaintiffs were easily decisive / decidable and almost all issues obviously went against plaintiffs.
Cause of action for IA application was much before the issues were framed and averments in application are contrary to witness statement filed by plaintiffs.
Case is prolonging ( almost three years since application filed). Plaintiffs case is not tenable but he has managed to prolong it. Plaintiffs evidence is over, hearing on IA application of plaintiffs is going on.
I do not know what is going on.
My query is can defendant ask for disclosing of remarks of judges so far on the issues.
Xperts my sincere thanks to you, please reply anything except " why don't you ask your lawyer" neither it is academic query.
Regards