Judgment saying i said something which i did not
Daljit Singh Dodd
(Querist) 28 December 2011
This query is : Resolved
I am legally trained not so now in Indian Law
Coming back again to the Jalandhar case. Appeal Judge in his judgment said I said property belonged to let us say G which I did not so say. Judge said that twice. I am absolutely sure. So I telephoned my lawyer. He confirmed that I did not say so. I am baffled
I am hearing all sorts of stories even from responsible people in India like same property
being sold to 8 different people.
Is it possible that my Affidavit was removed and replaced with another saying I said property belonged to G? Moreover what value is my statement,it is immovable property-a house? Could some one enlighten me on these 2 points. Thanks
Devajyoti Barman
(Expert) 28 December 2011
1. Engage another advocate ans see whether the same is changed or not. Your apprehension is however clearly misdirected.
2.Unless I know the merit of your case, how could I make comment?
Simplify your query.
Deepak Nair
(Expert) 28 December 2011
Agree with Mr. Barman
prabhakar singh
(Expert) 28 December 2011
The problem is that you are legally trained may be not in indian law.Here before i entertained your one query that to run the same way.
Can you attach the order here for our examination about the flaw.Your name suggests you are indian.
Daljit Singh Dodd
(Querist) 29 December 2011
Thank you for your observations. It is a 20- page judgment on appeal from a declaratory judgment of lower court
On page 6 "Appellant/ Defendant no2 admits ownership of Gurbax singh qua property in dispute but has denied all other averments".
Again on page 12"Appellant/defendant no:2 has also admitted that property in dispute was owned by S Gurbax Singh." Again on page 14"Appellant/deefendant no2 Daljit Singh has not disputed the fact that sh.Gurbax singh was owner of property in dispute"
I am absolutely sure that was not so in my Affidavit on which I was cross examined.
I have abiding faith in my advocate,know his family knew his late Father who was a very highly regarded civil lawyer. I maintained my contact with him(the advocate) strictly on a professional level paid all his fee without question. Judge let his fancy roam it seems and is patently wrong here.Unless of course the court file had been tampered with. Daljit Singh Dodd
mahendrakumar
(Expert) 29 December 2011
no judge can come to such bogus conclusion with out basing on you affidavit or cross exam.
anyhow you are free to make an appeal.
prabhakar singh
(Expert) 29 December 2011
Dear Mr. Daljit Singh Dodd!
It appears you do not have the certified copy of the affidavit filed by you in court and I suppose it was filed in trial court where you were cross examined and this is judgement by first appellate court wherein such mentions of your admissions are found then if your's and your's lawyer's stand is correct then one should check in the affidavit if such a tempering has been made or not,if made,what is modus operandi, the whole page has been changed or some pen tempering has been done by retouching the affidavit?? After that the same should be taken as ground in appeal now to be filed which would be a second appeal now.I can not rule out the possibility of some collusion of the opposite party with court's office record keeper who are often found inclined to do such things for some illegal gratification,the degree of honesty in our country is known to us,when i joined bar it was difficult to finger out a corrupt presiding officer but slowly things started to change and now there is hard to find out a graceful honest presiding judge and that has so resulted that those advocates who maintain dignity of profession irrespective of their academia loose cases more than advocates who are competent in creating rapport with corrupt presiding officers and it has slowly resulted to the effect that badmen have driven good men out of circulation as if the Gresham's law that was given on money,applies in this respect too.
prabhakar singh
(Expert) 29 December 2011
Was it a first appeal by plaintiff?
Has the trial court not referred these admissions or your affidavit in its' judgement???
These are some points from which angle there should be re inspection of records.
It should be carefully examined that if page change has taken place then is it signed,if yes, then is signature forged or if tempering is there then what and how the same has been done?is there initialization ,if yes does it matches with yours'etc., by making a comparison with the copy your advocate has with him.If page is changed then whether same type machine has been used by which your real affidavit was typed and several such things should now be probed by you or on your behalf.In absence of all facts unknown these are the few points i am hinting upon.
Daljit Singh Dodd
(Querist) 29 December 2011
Sorry I overlooked above which is highly significant. It was first appeal to the Addl District Judge from Sub-Judge Junior Division. The latter which was the trial court did not any where in its judgment state that I stated the property belonged to Sh Gurbax Singh.That should be the position in my affidavit to the trial court
The trial court without framing relevant issue delivered judgment which is against Supreme court rulings.
It seems the whole system has become disjointed become thoroughly corrupt.
