How to discontinue as gpa ?
M Sudhakar
(Querist) 08 November 2013
This query is : Resolved
Evidence marked - GPA not marked - Now for some serious reasons I doubt the entire evidence submitted and marked by my Lawyer - Since I can not change the marked evidence,
What happens now if I refuse to continue as GPA in this case instead of getting it marked ? How to get my GPA revoked ?
- Jagan
Raj Kumar Makkad
(Expert) 08 November 2013
Your query is not clear. Post the real problem and your relationship with GPA. Who is your GPA holder?
R.K Nanda
(Expert) 08 November 2013
unclear query.
M Sudhakar
(Querist) 08 November 2013
Sirs-
I am the GPA for NRI friend (bonafide purchaser of property) in a specific performance case against builder by another party,The Plaintiff, claiming a previous subsisting agreement
Builder claims the said agreement was and is null and void due to non payment of installments and admits my NRI friend is bonafide purchaser
Firs only sought to be impleaded in the case and then later in an amended petition We are accused of collusion with builder
Builder denied all such allegations and admits my friend is the bonafide purchaser.
My lawyer makes me sign and submit evidence
affidavit claiming the same thing and that the whole thing is concocted and fabricated by the plaintiff with tax paid receipts as proof of our possession
I do not know what is evidence in legal terms - and signed the examination in chief thinking it was just another of the counter affidavits.
At the submission,Judge audibly murmurs " A memo should have been enough "
Then he was told and it was kept aside for counter
Then after 2 or 3 adjournments without any counter from other parties,my lawyer's assistant tells me that since no counter is filed and that the other parties refused to file counter or cross examine,the evidence was ready to be marked and he said to save me another trip to court he will get the evidence marked that day it self and so got,in fact demanded and got it marked despite Judge's initial reluctance to mark it,and then said cross examination will follow.
He had just told me before the marking that other parties refused to file counter or cross examine and hence the evidence was now free to be marked
When I confronted my Lawyer he said it was a mistake but he wont explain nor would he admonish his assistant but assures that he will take care of it.
( The Lawyer's Assistant had been pestering for money )
In all this at the next hearing my lawyer pulls up a peace of paper( I do not know what was int ) and casually asks the judge to mark my GPA as it was forgotten earlier
The Judge looks surprised and asks why GPA was not marked earlier and turns to me and asks " who is your Lawyer " I point to my lawyer standing right in front of the Judge
The Judge said Recall petition is a must but,my Lawyer made me sign another document claiming no re call petition is necessary and the case can be re opened to mark the evidence as cross examination is due soon.
The entire thing and lawyer's reluctance to explain things to me and his refusal to share affidavits filed by other parties saying that I will be un necessarily get confused coupled with regular demands for more money made me very doubtful
and I started trying to understand the case on my own but without much success as all the documents are with the lawyer
One thing I learnt is that Evidence once marked can not be withdrawn or changed
Now without reviewing the evidence and entire handling of the case thoroughly i do not want to proceed for cross examination -
I do not want to proceed to face cross examination and by mistake put my Friend in jeopardy as i do not know much about cross examination but heard a lot about how deceptive they can be in shaking up the witness and getting answers they want.
I want to have my evidence and the real purpose of this evidence and doubtful circumstances under which it was marked ( but GPA was not marked )all thoroughly examined and reviewed.
If I can not change or withdraw my already marked evidence from the court -
what will happen to the marked evidence if I decide to discontinue as GPA ?
or ask my friend to revoke my GPA?
So that my friend can submit file fresh evidence,if necessary in the first place, through a fresh GPA and a fresh lawyer
Once the builder admits we are bonafide purchaser is not the builder willing to taking the full blame in case it turns out that the said agreement for some un fore seen reason,un beknown to the builder proves to be valid in the eyes of the court.
The builder having admitted our bonafide status,What is the burden of proof on us - that we have to file almost the same statemnts as evidence and expose our selves to un necessary cross examination ?
As the judge audibly murmured while the examination in chief in question was being presented the first time
' A memo should have been enough "
Thank you Sirs - Look forward to your valuable suggestions,clarifications,advice and guidance.
ajay sethi
(Expert) 08 November 2013
if you are not satisfied with your lawyer you can discontinue his services . engage another lawyer .
the principal defendant in the case is builder . he has to show that property sold to your friend and full consideration received by him . agreement was duly stamped and regd .
you have to deny collusion . the original documents filed by you would be marked in evidence . the said documents have to be proved hence affidavit of evidence contains statements to the said effect
Rajendra K Goyal
(Expert) 08 November 2013
Agree with the expert, nothing more to add.
R.K Nanda
(Expert) 08 November 2013
nothing more to add.
M Sudhakar
(Querist) 08 November 2013
Mr.Ajay Sethi
Sir,
Thank you for your crisp clean Reply
So to mark the documentary evidence as exhibits, an affidavit of evidence with supporting statements has to be filed.
Is this said affidavit of evidence just another word for Chief Examination Affidavit ?
The only and only documents submitted by us in this case were our tax paid receipts as proof of possession and our proof of ownership is neither questioned nor sought by either party. In fact they both admit it.
Was submission of the above documentary evidence of possession in our case an absolute necessity and we already denied collusion in our counter affidavit first filed
-Jagan
Guest
(Expert) 08 November 2013
In your query you have stated "I started trying to understand the case on my own". This shows you do not have the personal knowledge of the transaction. The marking of the gpa therefore, will be of no relevance. The Hon'ble Apex Court is clear on this issue of law.
M Sudhakar
(Querist) 08 November 2013
Mr.Deepak Thakkar
Sir,
I know about the transaction quite well but not about the legal aspects of the case
Who filed what affidavits and what were the issues framed and what witnesses were called and examined by other parties - and what were the evidences submitted by the other parties etc are the facts I am referring to,as my lawyer whenever I called him said - relax,I will take care of everything and now I practically know nothing about the case
My knowledge of the transaction is fairly good.
What I want to know is what happens to evidence already marked but,where GPA is still left unmarked and the GPA holder seeks to discontinue for some reasons or if it is revoked by Principal at this stage ?
Advocate Rajkumarlaxman
(Expert) 09 November 2013
Take certified copies of the entire set of case refer to another lawyer n seek his quidance, furthertechincality has already been explained by our experts no need further explanation
Dr J C Vashista
(Expert) 09 November 2013
Engage/take services of some other local lawyer
V R SHROFF
(Expert) 09 November 2013
Expert : Advocate Rajkumarlaxman
HAS SUGGESTED YOU THE BEST ALTERNATIVE.
You collect True copy of entire proceeding and study the case, Consult Sr Advocate and get clear Opinion, Engage another Advocate and proceed.
I Have a Imp Doubt. :
1] Apex Court ruling that GPA cannot depose.
It means POA holder cannot file Affidavit in Chief Examination, unless he had personal knowledge of the facts and circumstances of the case.
2] That you already filed your Affidavit in Evidence : Chief Examination.
3] u r not cross examined:
Probable reason may be: YOU HAD NOT SUBMITTED YOUR GPA IN ORIGINAL, AND HENCE
You are not authorised to represent ur NRI friend. It is a very very serious mistake committed by your Lawyer.
4] Remedy [a]Submit Original GPA, mark it as Exhibit, and file another Affidavit : Examination in Chief.
[b] Ask ur NRI friend to file his own Affidavit Examination in chief: Even a Notarised Doc will do; but he hv to come personally for his cross examination.
It will serve the purpose, and the mistakes will be wiped out.
So:
get true copy
get marked Ori GPA
File another Affid after marking memo of GPA
If all thses fails, call your NRI friend for Evidence.
Remember, Nobody stops you filing as many AFFIDAVITS , as you want, of diff persons.
NRI & U , or any third persons are diff persons.
They can produce and get marked any Documents favourable to you. Like Regd Sale Deed, Property Tax, Payment by chq, etc to prove ur property.
M Sudhakar
(Querist) 09 November 2013
Dear Experts
I am humbled by your kindness in sparing your valuable time and sharing your expertise in guiding a lost soul caught between a very busy NRI friend and a very confusing lawyer whose standard reply is " Don't worry,Don't go too deep "
My lawyer claims in the latest affidavit I am yet to submit that
"" I have filed the Original GPA sent by the petitioner( NRI friend ) at the time of filing Vakalath but the same could not be marked at the time of marking of other documents,( My evidence in Chief ) due to oversight -
So please re open the case for marking original GPA and as DW2 is due for cross examination soon,there is now no need for a recall petition ( recall petition was insisted on by the Judge when my lawyer casually asked him to mark the GPA as it was forgotten by his assistant who had gotten marked my evidence in chief on another day,earlier,under doubtful circumstances loudly demanding the court assistant in front of the Judge despite the Judge himself repeatedly keeping my file aside,- probably the Judge was trying to tell me something )""
Mr.RajKumar Laxman Sir,and Mr.Shroff Sir,
Thank you for your detailed analysis and advice.
My Original GPA ,my lawyer claims, is filed at the time of Vakalath but could not be marked due to oversight of his assistant who he claims acted without his permission to mark the evidence which I very much
doubt
The Judge showed such reluctance to mark evidence and the assistant lawyer showed such aggression in demanding that my evidence be marked that the Judge relented and marked my evidence but GPA was left unmarked which my lawyer now claims was filed at the time of vakalath but was left unmarked by the assistant due to oversight ( I doubt if it was an honest oversight and am trying to figure out what actually transpired that day as these incidents took place parallel to demands for more money )
This whole episode makes me doubt the entire handling of the case by my lawyer and the Judge it seems to me is giving me ample time and hints to get my case reviewed by a better lawyer but I am not able to convince my NRI friend who thinks I am just being over suspicious
I don't know technically whether my lawyer is right or wrong but based on his behavior and his assistant's behavior and the Judge's I feel a review is very much needed
and I personally need to be made better acquainted with the latest facts of the case ( different from the facts of the Transaction which I know quite well )
So
1) My lawyer now claims that original GPA was filed at the time of Vakalath
2) But,It could not be marked due to over sight at the time of marking my Evidence in Chief
3) The lawyer tried to get the evidence marked but the Judge refused and asked why it was not marked earlier and
4) The Judge strongly insisted on recall petition to mark the GPA
5) Now Lawyer proposes that no recall is necessary,and it is enough to just re open the case and mark the GPA
My primary Question was and is to know
Whether evidence in chief was filed where just a memo should have been enough as the burden of proof lies entirely on the principal defendant and he is known to have admitted everything in our favor.
Is submission of evidence in chief a mandatory step in every case or is it submitted only if the case demands it ?
Why was my evidence in chief kept aside for counter from the other parties ?
Why did my Lawyer's assistant get the evidence in chief marked forcefully demanding the Judge that it be marked ?
He had been demanding " Spend Money " from me and having already given some I refused further - Was he acting out of some personal grudge )
Why did Judge show such visible reluctance to mark my evidence in chief before relenting to the demands of the Assistant Lawyer.Was the Judge trying to say something to me ?
Should I have walked away the moment the Court Assistant told my lawyer's assistant that the Judge himself was setting it aside and he could not help it.But, my Lawyer's assistant kept insisting and started even shouting - and I was just standing there as a mute spectator -
It seemed to be a clear a hint from the judge himself for me to walk away - Was I at fault for not taking the hint and walking away ?
I am totally un aware of court proceedings,evidences,marking etc procedures.- I only thought the Judge was just busy with other cases and my lawyer's assistant was only trying to get the work done faster.
But,Later when my lawyer had no proper answers to my questions regarding the episode and later when it came to light that GPA was not marked and Judge insisted that recall petition was a must for marking the GPA - I began to doubt my Lawyer and his reluctance to provide proper answers.
Now that GPA was left unmarked due to oversight or whatever, have we got another chance to review the entire case ?
Thank you once again especially
Mr.Ajay Sethi
Mr RajKumar Laxman
Mr VR Shroff
and all the other experts who have agreed or disagreed with their fellow experts' learned opinion
ajay sethi
(Expert) 09 November 2013
thanks for your appreciation . change your lawyer . it seems he is too busy to attend court .
Raj Kumar Makkad
(Expert) 09 November 2013
A witness cannot refuse for his cross-examination. It is not the sweet desire of the witness not to face cross-examination.
M Sudhakar
(Querist) 09 November 2013
Mr.RajKumar Makkad
Sir
I agree with you that it is not the sweet desire of a witness to refuse cross examination.
But,
Can it be the sweet wish,will and desire of my Lawyer to make me,a GPA,a witness without prior explanation and hence without my permission ?
Here are the facts
I do not know anything about legal procedures - though for the last few days I have been trying to learn,perhaps a bit too late.
As GPA for my NRI friend, in good faith, I usually sign whatever affidavit Lawyer asks me to and similarly this time I signed a document called Examination in chief Affidavit of DW 2 already prepared and kept ready for me to sign without knowing how it was different from other documents I normally sign.
I did not know and I was not explained to, how examination in chief affidavit is totally different from the regular counter affidavits I usually sign until much later when my chief exam document got marked and was told that cross examination would follow.
I provided the property Tax paid receipts as asked for and these tax paid receipts were issued by the Municipal Corporation.
I do not know what is there to cross examine me about original property Tax paid receipts issued by The Municipality corporation ?
To just submit some original tax paid receipts issued by Municipality Corporation - why is my examination in chief and cross examination necessary ?
I have every right to know why I was made a witness without prior explanation and hence without my permission ?
How am I, a layman,supposed to know what is examination in chief affidavit of DW2,if I was never explained to what it was ?
This chief examination got marked without my ever knowing what was chief examination and honestly,without my ever having been directly examined.
But,some how,My GPA was left unmarked
Now,I refuse to let my GPA to be marked until I get some answers hopefully from totally independent and unbiased experts like you.
Thank you Sir
Forgive my legal ignorance if any,
R.K Nanda
(Expert) 11 November 2013
nothing more to add.
Rajendra K Goyal
(Expert) 11 November 2013
The experts have given best advise in the given facts. Consult other lawyer and show him all the documents.
