Case bundle missing !!!!
RAMJI
(Querist) 29 December 2013
This query is : Resolved
Dear experts
This is in case pending before a trial court on a civil suit. While suit was in progress, one of the defendant filed an I.A under O& R11 of cpc for rejection of plaint. Being Respondent / plaintiff, i filed a counter against the IA and arguments over. Judge said orders on a 02.09.13... the day came but no orders as judge written in docket "orders not ready& busy in part heard cases.... orders by another date . again another date and so on and till today no orders passed only dates.... in last date judge said that ORDER IS GETTING DELAYED BECAUSE THE CASE BUNDLE (MAIN SUIT) IS MISSING WHEREAS I.A ALONE IS AVAILABLE.... We are searching so pls wait for some more time for orders.............i guess that opposite side is able to manage to delay the orders...and i also understand that court appears least bothered and not sincerely putting efforts and hence a mechanism is needed to make them work and bring back the file (either genuinely missed or purposely misplaced etc god only knows..)
Now questions are
1. Who is responsible for safe custody of bundles?
2. Normally, what is the procedure to be followed by parties to case in such missing bundle dramas as court is not so bothered of parties...
3. on the interest of case, can i file a MEMO to HIGH COURT (making CJ, Registrar and Judge of trial court)as respondents and bring out that it is informed to me Orders are getting delayed as if bundle itself is missing while IA papers are available with judge... so kindly do the needful by directing the trial court to search & bring up the missed bundle within..... days and pass the orders on merit....
4. Any other views /ideas so as to make the court /staff to trace out the file /bundle for delivery of justice in time...
regards
ramji
V R SHROFF
(Expert) 29 December 2013
Now questions are
1. Who is responsible for safe custody of bundles? :Bench Clerk.
2. Normally, what is the procedure to be followed by parties to case in such missing bundle dramas as court is not so bothered of parties...: Apply to trace the missing file/ brief
3. on the interest of case, can i file a MEMO to HIGH COURT (making CJ, Registrar and Judge of trial court)as respondents and bring out that it is informed to me Orders are getting delayed as if bundle itself is missing while IA papers are available with judge... so kindly do the needful by directing the trial court to search & bring up the missed bundle within..... days and pass the orders on merit....: with xerox papers of all .. Get certified True copy of remaining papers and ROZNAMA
4. Any other views /ideas so as to make the court /staff to trace out the file /bundle for delivery of justice in time...
USE ZADU, TO WIPE OUT CORRUPTION
Ramji,
raj Ram ka nahi, sayad Ravan bhi itna corrupt nahi tha!!!! This looks [100%]pre-planned non tracing of file to delay/ change justice
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
Reconstruction of back bundle is possible on the orders of the presiding officer of the court.
ajay sethi
(Expert) 29 December 2013
agree case papers can be reconstructed .
prabhakar singh
(Expert) 29 December 2013
Q1. Who is responsible for safe custody of bundles?
ANSWER:Office in charge and clerk concern.
Q2. Normally, what is the procedure to be followed by parties to case in such missing bundle dramas as court is not so bothered of parties...?
ANSWER:an application of enquiry and reconstruction of record before the court
concerned.
Q3. on the interest of case, can i file a MEMO to HIGH COURT (making CJ, Registrar and Judge of trial court)as respondents and bring out that it is informed to me Orders are getting delayed as if bundle itself is missing while IA papers are available with judge... so kindly do the needful by directing the trial court to search & bring up the missed bundle within..... days and pass the orders on merit....??
ANSWER:ONLY WHEN PO DOES NOT PROACT FOR RECONSTRUCTION.
Rajendra K Goyal
(Expert) 29 December 2013
Agree with the advise of expert prabhakar singh ji.
You may contact Clerk of your lawyer to contact the office to trace the file. Generally they have good relations with lower judicial staff and can extend you practical help.
R.K Nanda
(Expert) 29 December 2013
nothing to add more.
RAMJI
(Querist) 30 December 2013
Dear Experts
My sincere thanks to all your goodself ( mr shroff, mr barman,mr kalaiselvan, mr sethi, mr singh, mr rajendra and mr vashista) for having given quick answers /solutions in all possible ways....I will apply suitably as advised...
My sincere thanks to THIS FORUM AS A WHOLE FOR AN EXCELLENT PROFESSIONAL SERVICE BEING RENDERED TO COMMON PUBLIC LIKE ME....
REGARDS
RAMJI
