Strange Court Case in On ????
Querist :
Anonymous
(Querist) 19 October 2010
This query is : Resolved
I have filed an Eviction petition under DRC Act,section 14-D,in April 2010.
The leave to defend application was to be filed by the tenant within 15 days after filing this petition .
He filed the same on 15th day.With this application he was supposed to file a detailed affidavit which he did not filed.
I filed the rejoinder on next date.
The matter was put on Argumentation yesterday,but in spite starting the Argumentation,the tenant appeared in the Court with a fresh Advocate and filed a fresh application describing that his PREVIOUS ADVOCATE committed a mistake of not filing the detailed affidavit hence he has brought in the new advocate and now he should be allowed to file the fresh Leave to defend application and he be allowed to withdraw the previous REPLY filed by him.
Surprisingly Judge allowed him to file the fresh Leave to Defend even after telling me to him that it is not maintainable.
Now after reading the fresh leave to defend application ,I am surprised to see that he changed many of his stands taken in the previous leave to defend application.He denied the admitted facts,he admitted the denied facts.
Please enlighten me what is all this happening in the court?
What is the probable fate of this case?
Devajyoti Barman
(Expert) 19 October 2010
As far the leave by the court s concerned , it has taken the right decision by allowing the tenat to take defence for the second time as the grounds for the same is satisfactory for the court.
Now for the contradictory stands taken if both the affidavits, I think it has made your case stronger as you could take advantage of his admission at the time of trial. Bear in mind another think that admission alone is sufficient to get a case case in favour of the plaintiff as the admission only dispense with the evidence but the plaintiff has to prove his case anyway to get the relief.
Querist :
Anonymous
(Querist) 19 October 2010
Thnx Raj ji 7 Devjyoti,but in is written in the Act that Leave to Defend is to be filed within 15 days of after filing Petition,and so was the order of the Court also and so was the first Leave filed also.
Advocates fight cases on behalf of clients only,their mistakes are mistakes of clients,how can a plea be taken that Advocate committed mistake and client is not responsible for that so a second chance be given to file "Leave",that too when the statutory period has passed by 5 months ?
The tenant has also asserted that his first "Leave" be withdrawn.
Is it all possible legally ?
This way he again can say that the second Advocate made some mistakes and he wants to withdraw this "Leave" also--now the third leave and so on and on...
Please help further as U have already helped me....
pawan sharma
(Expert) 19 October 2010
first it is not clear without filling of the counter affidavit how you could file the rejoinder affidavit?
the court done in the interest of justice and to avoid the futher dealy in the proceeding.
Uma parameswaran
(Expert) 19 October 2010
Respondent filed leave to defend petition on time. But default occurred. Instead of curing the fault the Respondent withdrawn the earlier leave.So his filing is not on time. you can file your objection .
Querist :
Anonymous
(Querist) 20 October 2010
Uma Ji,the question is whether one can withdraw his submissions from court this way ?
