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Anonymous   29 April 2011 at 10:27

App. of Order39, Rule 1,2 + Misc. Civil Contempt ?


Dear Ld Counsel,

Please do remember that In Uttar pardesh order 39, Rule 3A has omitted. The matter is lying in Uttar Pardesh jurisdiction.


Matter begins:-

1. I (plaintiff's counsel) have contesting a civil suit(A) began in 2008 of property dispute into which
I got an Ex parte interim status quo order on my attached Interlocutory Application[A1] for stay under Order 39 Rule 1,2 in suit(A) for stopping the mischief work. But when The respondents not stopped their mischief work, I filed another Misc Civil Contempt suit(B)Order 39,Rule 2A before the same court for taking prompt action but in vain & no urgent relief I got in contempt case.

The Respondents filed W.S on suit(A) plaint paras. The Respondents also filed objections (i.e reply) about the interlocutory application[A1] attached in suit (A).

2. After that various interlocutory applications filed by plaintiffs for Amendment, Discovery and inspection, Damages claim, etc which all are pending in the court file and not come up for the first hearing till yet since 2008. The matter is on begin stage & The Issues not framed yet.

3. The Respondents Counsel pressing on the hearing of the interlocutory Application[A1] in suit(A) to decide first while all the Interlocutory applications of plaintiffs may be heard later after the arguments completed on interlocutory app.[A1].

4. The Misc Contempt Suit(B) is lying motionless/inactive and put in and out its file every-time on each dates in the large file bunch of suit(A) (like matter be tagged) and only the hearing of the Suit(A) has been taking place on each court dates while the Respondents also not get the noticed served in contempt matter till yet i.e suit(B) and avoiding intentionally.


Now my Question Are :-

Q1. Is there mandatory according to C.P.C that to first decide the Interlocutory Application[A1] first while the rest of the Interlocutory applications of plaintiff's will be heard lately or after-that application[A1].

Q2. Why The Misc Contempt Suit(B) not proceeds on each dates separately by Court and ignoring the contempt matter to be heard?

Q3. Is the Civil Contempt matter(B) will go in parallel with the suit(A) by court or The full and final hearing of the Suit(A) the court of law will begin the trial of the suit(B) ?

i.e How and when the trial be commenced of suit(B) /at what stage ?

Kumar Krishan Agarwal
Advocate

Anonymous   29 April 2011 at 10:25

Adoption


what are the requirements of adoption by Christian couples?

Anonymous   29 April 2011 at 09:51

Freedom of speech and expression

Our apartment, the people who manage the funds for the daily activities are mismanaging the money and when I question this, they removed me from the meetings, it is like if someone questions anything, they get killed in British rule. So, there is no forum for me to express my questions or respond to their wrongdoings, can I put some cartoons in the apartment notice board against them? Are there any legal issues involved in this? As per our constitution, can I not have the freedom of speech and freedom of expression?

Anonymous   29 April 2011 at 08:45

evidence act article 58

what is differenace between cause of action accrue and date of knowledge.

Kumar Krishan Agarwal Advocate   29 April 2011 at 02:02

Two separate suits of different properties before C.J [S.D]

My Ld Friend,

para1:- That I am contesting the one suit in which I am a counsel of A,B,C filed a title suit against D,E,F of a property 'Y', and I am a counsel of (A,B,C who are petitioners) before C.J[S.D].


Para2:- That I also filed a new partition suit in which 'C' is a petitioner and I am the again counsel of 'C' only filed against 'B','A' of another property 'X' . Here I am the counsel of 'C' exclusive only before C.J[S.D].


Now my Question are:-

1. Can a single lawyer may contest both the above two suits without any conflict may arise by the local Bar Association Rules or under Advocate Act or moral ethics if any may arise.


2. That A and B are furious and engaged a another furious counsel 'K' of that local Bar who said to A and B that how a single counsel may contest above two suits in the same court. I acquainted from the mouth of furious parties 'A' and 'B' who are now jealous to me on the second suit in para 2.

Here 'B' and 'A' current counsel 'K' want to personal fight with me they(B,A) said.

Member (Account Deleted)   29 April 2011 at 00:21

Dismissed for default

I (advocate) filed an application u/s 17 of SARFAESI Act, At DRT Kolkata, but on the day fixed I failed to appear as I was suffering from jaundice. But it was dismissed for default.
What is the procedure for restoration?
What is the limitation period for filing an application for restoration? What is the application fee?
What is the relevant provision of law?
seniors, Please help...
Can any one provide a sample application?

hasan   28 April 2011 at 23:32

relief of possession under decree

can courts go behind the decree and give possession of land when the pleading was for declaration and permanent injunction only and relief of possession was not pleaded as at that time the possession was with the plaintiff. later on they were dispossessed. thanks

Anonymous   28 April 2011 at 22:44

Maharashtra Co-operative Societies Act,1960

What is the difference between 'JOINT MEMBER' and "ASSOCIATE MEMBER" in a Co-operative Housing Society ?

How to become a JOINT MEMBER in the Co-operative Housing Society ?

Anonymous   28 April 2011 at 22:37

Maharshtra Co-operative Societies Act,1960

Why not admit Nominee as a member of the Society after the death of the Member ?
Can Society demand no objection from the other legal heirs ?

Anonymous   28 April 2011 at 17:42

legal consequences of principal empoyeers


1.Please tell about the rule position of said exemption of defense estblishments. if, any notification issued by the GOI in this regard and date of notification, as the ALC (C) is not co opreating with us.

2.Nowhere, in the ACT mentionted this exemption clause and where it was notified.

3.Please eduate me on the a/m points.

4. With out being registered ,if principal empolyeer issued form v, then any penal provisions attracted aganist the Govt est.(defense Est.)