Can court pass an order without argument session?
niky......
(Querist) 11 August 2014
This query is : Resolved
Hi,
I am the Defendant, and plaintiff had given an application in April to which my lawyer sent a reply in same month, but argument session never happened. Later court had vacations, judge changed , either parties not present ..time went and after approx. 4 months, i was told by Plaintiff's lawyer that the order was passed in Plaintiff's favor in April itself and Plaint was amended in April itself.
For 4 months the plaintiff didn't told us about the order pass and new amendment carried by him in Plaint.
1. Is this right? how can court pass an order without argument session between lawyers?
2. My lawyer was suggesting to go High court to challenge the order, can't i first apply in appeal court? (current case is in small cause court) is there any specific disadvantage/constraint in going to appeal court?
3. Can we take any other action on Plaintiff for his behavior, as he did not informed/gave us updated amended Plaint copy for 4 months?
Require your advise very much. Thank you.
Devajyoti Barman
(Expert) 12 August 2014
No appeal lies against order in such interlocutory petition.
Only revision lies in high Court.
ajay sethi
(Expert) 12 August 2014
if your lawyer remains absent court is not bound to wait indefinitely . peruse roznama . court must have placed application for arguments . if your lawyer did not attend court would have passed orders .
if you are aggrieved by said order you can challenge the said order
niky......
(Querist) 12 August 2014
my lawyer was present during those sessions much later only once he was not in, Plaintiff's lawyer was absent a couple of times only but still he didnt informed us. And Sir, what do you mean by interlocutory, no other applications or arguments happened since then? Or are you referring that instead of 30 days; 4 months have passed that's why?
Rajendra K Goyal
(Expert) 12 August 2014
Your lawyer should have followed and should have inquired about interlocutory orders after each date. You may file revision as advised by the expert.
malipeddi jaggarao
(Expert) 12 August 2014
It is the mistake on the part of your lawyer. Ask him to show the remedy.
Nadeem Qureshi
(Expert) 12 August 2014
Dear Querist
my opinion on your queries are as under:
1. Is this right? how can court pass an order without argument session between lawyers?
Opinion: the court can not pass an order without filing objection by another party and hear the argument on that. if court do that, this is illegal and you may file a revision petition before HC.
2. My lawyer was suggesting to go High court to challenge the order, can't i first apply in appeal court? (current case is in small cause court) is there any specific disadvantage/constraint in going to appeal court?
Opinion: Revision only lies against this order, as per you information, the plaintiff's was filed an application under order 6 rule 17 of CPC for amendment of plaint which is not final order so appeal will not lie.
3. Can we take any other action on Plaintiff for his behavior, as he did not informed/gave us updated amended Plaint copy for 4 months?
Opinion: no, Its your responsibility to watch the case, plaintiff is not duty bound to informed you.
Feel Free to Call
niky......
(Querist) 12 August 2014
Thank you all for your advise and Mr. Nadeem for detailed opinion, really appreciate it and was very helpful for me.
As per what you suggested, if incase it was a mistake of my lawyer and he missed the interlocutory orders; in future how can i avoid this?
How do i check myself if any interlocutory order was there or not?
G. ARAVINTHAN
(Expert) 13 August 2014
Better ask your lawyer why he has not informed you.
Direct him to verify what happened from April
Dr J C Vashista
(Expert) 13 August 2014
Well advised by experts, nothing more to add.
niky......
(Querist) 13 August 2014
I dont know why but now my lawyer is not ready to apply in high court against the above said matter.
Can i hand over the order challenge matter in high court to another lawyer? And continue with my current lawyer in small cause court?
Also if apply in high court to challenge the decision of small cause court, then a stay on small cause case happens?
I am a confused here, please do advise respected experts.
Dr J C Vashista
(Expert) 14 August 2014
There may be some different strategy of yur lawyer for dealing present case. However, engage a new lawyer and file revision petition with stay application.
niky......
(Querist) 14 August 2014
Thank you Vashista sir, so do you mean let the current lawyer handle small cause case and give the high court case to other lawyer or are you suggesting to change my lawyer for both small cause & high court?
Dr J C Vashista
(Expert) 15 August 2014
You are the best judge to find out/observe the ability, capability and agility of your current lawyer to continue to be replaced.
niky......
(Querist) 15 August 2014
Thank you Vashista sir for your suggestion.
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
In my opinion your lawyer has very badly missed the bus but is looking for a platform to be blamed for this lapse, he is no mood to accept his negligence but to cover it up, he is coming out flimsy reason called appeal before high court.
Firstly, you may change the lawyer in the lower court itself, secondly, see how much worth it is to challenge the order by the lower court in the IA for amendment. See if the amendment allowed by the court really affects you or that you can challenge the amended version in the trial of the main case before the trial court itself, also, if the court has passed the order on the application after recording your counter but having given opportunity for argument, your lawyer never bothered to do it, then you do not have a casein revision/appeal challenging this order. Better concentrate on the main case by regularly following it up atleast henceforth.
