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Rima   05 January 2010 at 11:59

Comsumer Appeal

In the district consumer forum one case filed against me.
I appointed an advocate to defend my case. Regularly paid fees. Judgment passed against me and my advocate got a copy of that.
However my advocate never communicated me that we have lost the case.
Subsequently execution case started but I was unware (later I changed address)about it.
When the Consumer Forum issued warrant I came to know the whole fact but in the mean time one year passed.
I appeared before the forum and applied for certified copy of the judgment of the original case. I applied for bail also.
The forum though granted bail but informed me that on the next date I have to specifically tell the forum that whether I will comply or not on next date that is on 7th January. If I dont then the Forum will proceed wiht trial under section 27 of C.P. Act against me.

Now I have file Appeal in State Commission with condonation of delay petition. Date fixed on 27th January for admisssion.

If on 7th Jan I appear before the Dist. Forum and plead that I have filed Appeal in State Commission and ask the forum to wait till rejection or admission of the appeal, whether the forum will allow me time?

Whether again Forum can issue W/A against me?

Whether the forum can proceed with trial under s.27 of the C.P. Act even if the appeal is pending?

Please guide me what exactly shall I plead before the Dist. Forum on 7th Jan?

Whether I shall suppress the fact that appeal has been filed?

Haider Adv.   04 January 2010 at 19:52

whose remedy availabe against the inter locatery Order

dear seniors,
i appered in a civil suit for the defendant. In this case Plaintiff field an application without any soported affidavit which is necessary for filling Application in civil Procedure so i field an objection against the Apllication on above Mentioned Ground, but court decided the Application in favor of the Applicant, so i want to Know whose remedy availabe against in this Inter locatery Order

Revison / Appeal / Writ

Anonymous   04 January 2010 at 17:45

How to calculate the days of limitation.


A decree was passed on dt. 21-02-19985. From the day on wards, i have been defending the case with the other parties for the same property. I want to know that while calculating the limitation period, i think the defending time is to be excluded from the limitation period of 12 years or not.

Chandan Garg   04 January 2010 at 16:14

Municipalities act.

Whether a steel manufacturing company who took land on lease from the state government under land acquisition act is exempted from payment of property tax ??

Q.2. what is the status for same company in case of the land purchased by it in regard to property tax??

queryking   04 January 2010 at 11:27

defendant as witness

Namaskar to everybody,
here is my query,

The 3rd defendant died, his LRs are brought on record, they remained exparte, the 2nd defendant quoting the one of the LR as his witness, can h the 2nd defendant examine other defendant as his witness?

suresh jakhotiya   04 January 2010 at 04:26

Citation

Dear Sirs
Can you please give me a citation of amending a Judgement on account of arithmatical mistake by the same court.
Best regards
Suresh

Bijoy Deka   03 January 2010 at 22:32

Under Order 39 Rule 4 of Code of Civil rules

Can anyone explain me little bit elaborately Under Order 39 Rule 4 of Code of Civil rules (CPC) which states that
"(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.".

AJIT KAWATKAR   03 January 2010 at 20:44

pet dog nuisance

i have read the recent chenai high court judgement regarding the subject issue.we are facing the same nuisance in our unregistered apartment association;in pune.i would like to know whether we can use the judgement in court in maharashtra.kindly guide!

Rohit Suresh Gangawane   03 January 2010 at 17:58

Co-Operative Law & C.P.C.

Dear Seniors

The Application under order 7 Rule 11(d) came to be rejected by Co-Operative Court. The respondent is agitataing that that the dispute is barred by limitation i.e. the same is filed after 6 years.

From the ruling reported in 1997 (1)ALL MR 193 it appears that the proper Forum is High Court.

Please advise what is proper forum to approach against the said order passed by the co-operative court

Regards
Rohit Gangawane
Advocate

PRAKASHCHANDRA MARU   03 January 2010 at 12:53

special civil application

in the civil court of the district the regular civil suit was lodged by the plaintiffs for the seeking relief not to make any change in the land by the defendant the said case was on the stage of the evidence and at that time application given by the plaintiff for the exhibit the documents which were produced by the plaintiffs like sale of agreement and receipts of it and allotment letters etc the said matter was kept for the hearing and afterwards the said application was granted accordingly the judgement of the GLR 1965 -845 and GLR 2001 (3) -2024 hence the application was granted therefore the original defendant went at highcourt and lodged the special cilvl application and rely upon the judgement bipinshantilal panchal v/s state of gujarat 2001 (3) glr 2024 para 14 that wherein it has benn held that if the objection relates to stamp duty of a document the court has to decide such objection first before proceedings further (in the objection application of the defendant the such objectation taken place that the documents likely to pay stamp duty should be not exhibited ) now original defendant lodged the special civil application and now the notice served to us then my query is that direct i have to reply of the said matter of direct argument will take place pls sugest me regards