Balaji Bakthavathsal
05 November 2014 at 17:06
Dear Learned Lawyers,
A civil suit was filed in the lower court on 29-09-2010. Since the respondents did not appear, they have been declared as ex-parte to the suit and an order to that effect was issued on 01.03.2011. After more than three years, while the ex-parte order is dated 01.03.2011, one of the respondent files an I.A, with a prayer to set aside the ex-parte order on 07.04.2014 and the court too admitted the petition. I filed a counter reply to the I.A. and ultimately the IA got dismissed is a different story. The respondent again applied for a revision petition which also got rejected by the lower court. Now, the respondent has filed a CRP in the Honourable High Court with a prayer to stall the proceeding at the lower court until his revision petition is heard. When I received the notice, I approached reputed lawyers and they fired me left and right asking me
i) Why an ex-parte decree was not obtained to which I could not answer as I am not the lawyer but only a client who depended on the lawyer.
ii) How the I.A. petition was allowed by the court while the respondent is coming up and opening the matter after a lapse of three years.
Now all that I want to know from you learned Advocates are :
a) Whether the court will pass the decree on the ex-parte order on its own automatically or the petitioner’s advocate should ask for it ?
b) Is it not the duty of the court to see the merit of the case before accepting the petition ?
c) Who is responsible for the miserable situation and what is the solution for it ?
d) In the same way of functioning of the lower court, the High Court also accepted the CRP petition and numbered without ensuring the merit of the case ?
e) Doesn’t this kind of functioning of the courts increase the number of pending cases which are not at all fit to be considered ?
Can you please come up with your valuable views/suggestions/solutions.
Thanks & Regards
Balaji
ram
05 November 2014 at 16:37
Hi Experts:
Need your help urgently, brief background below. got married 2003, have 2 daughters 10 & 4 Years, leaving with Parents, father doing private job, his age 67. From few years wife saying to send parents at village & want to stay alone, have tourchered me with all the ways & she seperated from us to leave with her parents 6 months back, kids are with her. she is workign in gud company & taken transfer from Hyd, she is earning 45k/month. Now she want me to pay kids fee & other cost, she says she will leave with me only if parents are not with me & i have to pay for kids fees & other costs. I am the only son. also she is thretening for legal action.
pls. help with your valued advise. i am woried for parents future & dont want to be blackmailed.
mubarak
05 November 2014 at 16:27
I'm from nagari municipality in andhra pradesh my ward councilor constructing commercial complex without any approval from municipal office. that property which he is constructing belong to his mother.whether I have to file complaint on him or on his mother?
kumar
05 November 2014 at 15:32
I want to file criminal complaint against neighbour as the neighbour has filed civil case using fake documents,now
along complaint what are the other documents to be submitted.
kumar
05 November 2014 at 15:29
False/fabricated documents of plan of property and false affidavit is filed by plaintiff along plaint, now
1- can I file application u/s340 crpc in the same court.
or
2- should I have to file in criminal court.
IP Singh
05 November 2014 at 15:16
No Thanks.
i shall revert to this group in shrot while.
god bless u.
VIJAY KUMAR
05 November 2014 at 15:13
SIR, I AM A TRAINEE OFFICER IN SBI ,NOW FOR POSTING I WAS GIVEN BIJNOR IN UTTARPRADESH DISTRICT ,BUT MY WIFE IS POSTED IN BARABANKI(U.P) DISTRICT AS GOVT. TEACHER ,WE BOTH HUSBAND AND WIFE LIVING SEPARATELY SINCE FOUR YEARS ,I HAVE A DAUGHTER OF TWO YRS & SIX MONTH,MY WIFE IS FACING LOTS OF DIFFICULTIES ,IT IS POSSIBLE FOR ME THAT I CAN BE GET A POSTING NEAR BARABANKI DISTRICT,AS I HAVE NOT JOINED ,WHAT REMEDY IS AVAILABLE TO ME. PLEASE SUGGEST , AS I HAVE ALREADY FILED AN APPLICATION TO LOCAL HEAD OFFICE,BUT NO RESPONSE CAME FROM THEM.
karthik
05 November 2014 at 14:35
Namaste,
I am karthik from bangalore. While travelling in my car along with my family members near Anantapur of Andhra Pradesh my vehicle got upside down.And 2 persons got injured. Later with the help of a lawyer I got my vehicle released from Police. Now I am being charged under IPC 337.
Will I get convicted or only i need to pay fine. I have DL,RC and Insurance and in this accident only my vehicle was involved.
Thanks
Karthik
Abhisihikta
05 November 2014 at 14:20
my grannd father died withoutva will.after that ceiling wae applied to the land in my village and land was divided by tahadildar.but it was unequal.all the irrihated land and home to one party and the non irrigated land to other.how it wae done ?is it not the duty of tahasildar to divid it equally.now as the 1st party in advantage they are not ready yo compromise.what can be done?
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Urgent matters
my father mr A has five brothers MR,B, MR C, MR D, MR E,MR F .my grandfather has divided property and had given to all the brothers equally and had some share in name of my grandmother. all brothers sold there share of land except my father mr A and mr B AS WE HAVE GOOD REALATIONS MR b LOOKS AFTER OUR LAND ALONG WITH HIS. MR C sold his share to MR B.as my grandmother use to live with mr B he took over her property as he has documents signed by her. mr c has made his son file suit to claim share in grandparents property though he lost the case.i want to know can a grandson ask for share in grandparents property.he tries to get into land with power how do we prevent him what are the serious charges we can put on him