(Querist) 04 January 2018
This query is : Resolved
Respected Sirs In a plot suit far way from my place lawyer hired by my co- defendant by my late poa , the lawyer has been passing on wrong information and what appears to be false threats of breach of contempt etc. I once went to court for copy my case papers but clerk dilly dallied. Now plaintiffs evidence is over I mustered the courage to ask my lawyer to provide me case papers and also offered to clear his fees but till date no reply. I wish to now plead my case my self as there is nothing much as evidence but only facts. Other lawyer will exploit or not ready to take up the case. I am going personally as defense has begun. 1). How to get copies of my case papers in case lawyer stymies my efforts 2). How to request honorable Judge to allow me to plead my case myself.
(Expert) 05 January 2018
1. Apply for certiified copies of the orders. 2. "Somehow" get the plaint and w/s xeroxed with the help of the Court Master or other clerk. 3. Get the instant lawyer to withdraw from the matter, by hook or by crook. 4. File an affidavit stating that you shall represent your case. (Have to state that your description of the matter is unclear when you stated that 'there us no evidence but only facts' & 'defence has already begun') Anyway, all the best!
(Querist) 07 January 2018
Dear Jehangir Sir, I will follow your advice. Meanwhile will it be possible to let me know your view for my solace. 1.Is it possible that if the said contempt application filed in Feb 16, and court does not take any action against me 2. I sold the suit plot in 2009 after death of my poa. If there was stay and if contempt application being filed now, am I not barred by virtue of limitation act. 3. I never received payment for suit plot and same admitted by plaintiffs. 4. Poa executed deed in 1986, till 2005 no action taken by plaintiffs. How strong is my case? Regards