Rcr

Mustafa Bhat (Querist) 01 April 2014 This query is : Resolved
Sir,
Appeal seeking to set aside order passed by Lower court 15 months before in RCR.
Grounds for appeal.
1) Court was to address by way of framing charges.
2) Does not proceed in a manner as provided in CPC.
3) No efforts in deciding matter on merits. Shortcut by dismissing case on the basis of default in paying the cost imposed by court.
4) The applicant was well within his right to seek adjournment. The lower court in one go decided the adjournment prayed besides dismissing the on the ground not pressed.
5) No were reflected in order whether any withdrawal application has been made by applicants Counsel.
6) The Court could have vacated interim directions on that days rather than dismissing the case.
7) The applicant was busy with & was out of station & his counsel was ill & was not available in court for full year.

Condonation Ground to be taken
Affidavit in support of appeal.
Hon’ble court may please set aside the order passed by lower court & hear the parties a fresh on merits of case.

RCR was filled by my divorced wife( to whom I divorced in 2009 as per Muslim personal law as we are both Muslims)in 2010,were in they got stay for my second marriage,i was already married on the day of stay, they then filled contempt petition,later court in 2012 dismissed the case along with along all CMPS & stay if any stand vacated as not pressed by the plaint.
Now in 2014 they (Plaintiff) have applied in higher court to set aside the order of lower court.

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Devajyoti Barman (Expert) 01 April 2014
what do you want??

Mustafa Bhat (Querist) 01 April 2014
Sir
I forwarded same copy as PM to u sir.
My point is the points they have taken in appeal does it have any credibility.As the order they are appealing for is "Ld Counsel for the parties present LC for Plantiff seeks adjurment,Persual of file reveals that six day before, an order came to be passed ,when adjurment was sought by the LC for plaintiff, which was granted subject to the payment of cost,neither the cost as dircted have been paid nor the matter is pressed today by the LC for the plaintiff.In light of order passed six days before adjurmemt sought cannot be granted.Accordingly suit of the plaintiff is dismissed as not pressed for alongwith all connected CMPS.Interim dirction if any shall also stand vacate."

T. Kalaiselvan, Advocate (Expert) 02 April 2014
In the above case, the court has rightly dismissed the suit filed by the plaintiff along with all other cmps, because the court allowed the request of the plaintiff for an adjournment earlier on the basis of some cost imposed with a condition t pay the same within 6 days, which was again failed to be complied with by the plaintiff nor there was any representation from his side o the next scheduled date of hearing, therefore the court was right to dismiss the suit.