Civil
MahendraKumar.H.Trivedi
(Querist) 27 February 2019
This query is : Resolved
I am being anonymous as otherwise query appears on Google on search can alert suit stake holders.
In March 2015 my lawyer informed me that I have breached status quo, later he agreed to defend me saying case is soft but in Dec 2015 when plaintiff actually filed breach of status quo and other application he backed out, no reply was filed, plaintiffs evidence ended and hearing started and my efforts to hire lawyer were thwarted, in a hurry with great difficulty I hired another lawyer who never briefed me technicalities, I dare not ask him also.
Later I studied the case papers. Stay seems to be invalid as I was never informed and requisite affidavit by plaintiffs not filed.
In a declaration suit plaintiffs maintained that they had the possession but now in breach of application filed they are asking for possession.
Breach of application filed after issues framed and after giving plaintiffs ws.
Based on ws all issues framed are obviously against / adverse to plaintiffs
Sirs I am really in trauma.
Once upon your advise I went to court on the date but could not make head or tail of it, judge stopped from speaking said come with your lawyer ( x lawyer).
Stay order is not attached in cases status.
Plaintiffs evidence ended in jan 18 and case status shows Hearing , my lawyer said hearing is on plaintiffs applications, it has been a year now. I have not filed reply to breach of status quo application, no notice on me so far, plaintiffs application not numbered.
Main suit is not tenable , two necessary parties no more , but contempt application also seems to be untenable. Can contempt application lie pending for more than 3 yrs.
Can i write to registrar, how can i approach high Court. Suit of 2005, on board since 2013, and now hearing going on since Jan 2018, no defense stage given.
I am 65 away from suit place, can. I apply for case transfer, how? " plaintiffs evidence is over. Respond if you please, Regards.
A sad commentary on our judiciary
KISHAN DUTT KALASKAR
(Expert) 28 February 2019
Dear Sir,
You may apply for transfer of case under Section 24 of Civil Procedure Code which is as follows:
===============================================================================================================
24. General power of transfer and withdrawal.
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and-
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
2[(3) For the purposes of this section,-
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) “proceeding” includes a proceeding for the execution of a decree or order.]
(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be
deemed to be a Court of Small Causes.
3[(5) A suit or proceeding may be transferred under this section from a
Court which has no jurisdiction to try it.]
Please mark “LIKE” if satisfied by my answer.
J K Agrawal
(Expert) 28 February 2019
Transfer of case is not solution of problem.
Further Transfer is not easy unless there is a sound ground.
You should hire a good advocate having practice around 15 year or more in civil side.
Obtain copies of entire file order sheet and petitions reply evidence if you do not have already. Without documents nobody can advice properly.
Do not be frustrate, It is common in practice. Just gather complete file and take second opinion.
Dr J C Vashista
(Expert) 01 March 2019
A suit can not be transferred on the basis of your residence.
Consult and engage another local prudent lawyer for guidance and proceeding.
MahendraKumar.H.Trivedi
(Querist) 01 March 2019
Tnx Sirs
After plaintiff's evidence over, case status reads " hearing", as per lawyer's assistant it on said contempt application against me which were not replied , Applications filed in Dec 2015, hearing stage going on since Feb 2018, twenty dates passed, against business in online status it reads " S".
Online case status does not show said stay order attached.
Sirs, it all adds up to nothing except case is being deliberately kept pending.
All issues framed are decisive as plaintiffs
evidence ended and as per evidence and statements, plaintiffs fail to prove any of the issues, still suit going on / no defense evidence declared.
Thanks for your response, it has been of help to me to understand and decide the future course. Thanks all.
Dr J C Vashista
(Expert) 03 March 2019
Consult your lawyer engaged by you for proper advise and guidance, who is able, competent and intelligent enough to satisfy your questions.
Dr J C Vashista
(Expert) 03 March 2019
Whatsoever, if you are not satisfied with the professionalism of your lawyer change him/her immediately.
