case law

Querist : Anonymous (Querist) 23 November 2010 This query is : Resolved
A Title suit filed by the plaintiff against the defendants . IN this suit court of Munsif post the suit on Judgement after the next day of long vaccation of DASHARA , in the mean time plaintiff heared a rumor that the MUNSIF came in collusion with defendants then the plaintiff on the same day which fixed by the court for Judgement quickly filed a transfer petition before the court of District Judge. After filing of transfer case plaintiff came in the court of munsif and produce the certificate of an Advocate and a receiving of the filed transfer petition before the court but the court pronounce judgement at that very time which is 11 a.m. and in the field of the court campus defendants sought that we give bribe and then the judgement came in favour of the defendants. now plaintiff quickly go to the court of District judge and tell about such incident to the court and then District judge passed order to call for the lower court order imedeatly.

So plaintiff wants to file a writ against the Munsif, what it is possible or not ? If possible plz. then let me know about any case law which was objerbed by any high court and the supreme court.

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adv. rajeev ( rajoo ) (Expert) 23 November 2010
Why didn't you produce the order of the dist., court before the judgement day of the LC. It is your mistake. It can be produced at any day before the judgement by giving an advancement application.
You don't have any other option except filing an appeal before the civil judge senior division.
Moreover for enquiry purpose DJ might have called the lower court records but he cannot do any thing.
You cannot file a writ against the munsiff. You have to write a complaint to the REgistrar of Vigilence at HIgh Court.

s.subramanian (Expert) 23 November 2010
you can file a petition invoking Art.227 of the Constitution of India setting out the unholy manner in which the judgment has been passed by the District Munsiff.

Advocate. Arunagiri (Expert) 23 November 2010
You can take action against the judge by giving a complaint before the vigilance cell.
You can appeal against the order passed by the judge.
Mere complaint against the judge will not set aside the orders passed by him.