Stay on frivolous litigation
Swaty Gupta
(Querist) 24 January 2014
This query is : Resolved
Dear sir,
our family has been subjected to a frivolous litigation since 1980. the suit is for the tenancy rights of our commercial property. theplaintiff claims to be the original tenant(tenancy since 1949). we have all the required evidence- rent receipts, witnesses, documentary proof by the previous land lord etc. the suit has been dismissed earlier for non prosecution. although the suit is now in final stages(as claimed by our lawyer), still no approximate time frame is given. also, now that the suit is about to close, we heard that the plaintiff has moved some application in high court to put restrictions on disputed property and business.
the plaintiff is a frivolous litigant and involved in many other cases of cheating and recovery of money etc.
how to stop him from using law to harass us any more. i cannot ask my lawyer as the elder of the family do not permit me. he himself is afraid to ask the lawyer any questions and just blindly trusts him.
secondly, inspite of having a strong case, we've been suffering this suit for long. how to speed up the closure of this suit.kindly guide me. are there any extra legal bodies who would help with this?
the case is at present in tis hazari courts.my husband is also one of the defendants. when he tried to speak to the lawyer, the lawyer told him 'the elder knows all the details and you should ask him'
ajay sethi
(Expert) 24 January 2014
suit has been pending for 33 years ? please cross check the pendency of court cases in Tis hzari courts .if other suits are also pending for said year your lawyer cannot do any thing . as it is according to you suit is in final stages . wait and watch
generally suits take around 15 to 20 years to be disposed of on account of huge backlog of cases .
R.K Nanda
(Expert) 24 January 2014
consult another lawyer with case papers.
Swaty Gupta
(Querist) 24 January 2014
sir, what about the frivolous litigant? how do we put a stop to his using law to harass us?
Rajendra K Goyal
(Expert) 24 January 2014
Case has to be defended and result would show him fact.
Swaty Gupta
(Querist) 24 January 2014
thank you everybody for your much needed advice. would definitely appreciate if anyone has anything to add to it.
ajay sethi
(Expert) 24 January 2014
thanks for your appreciation
Devajyoti Barman
(Expert) 24 January 2014
I think you can always show another advocate of your choice all the case papers and make consultation.
If it throws a light on the true picture of the case then youc an always share the same with the family elders and take another advice.
Another option is your husband can engage separate advocate to look after his side of case.
Swaty Gupta
(Querist) 24 January 2014
thank you Mr barman, we were thinking on the same course of action. i really appreciate the trouble you all take to make law and legal profession make sense to common laymen like us. must say i am deeply grateful :)
Raj Kumar Makkad
(Expert) 24 January 2014
Immediately obtain second opinion over your pending case and if needed, change your lawyer and get your case decided as an old case.
Swaty Gupta
(Querist) 25 January 2014
thank you Mr Makkad. will surely do sir.
