Order / decree - money suit recovery query
Stephen
(Querist) 12 July 2017
This query is : Resolved
Dear Respected Sirs,
I would like to get your expert advice in respect of the OS which I filed against 6 accused / defendant towards a dubious property plot sale which they cheated. The details of the sale background I provide below info and now I seek with legal rules as part of decree and order which is slated for hearing by this month… whether I can request honorable judge of the court to ensure the defendants to attach their property and provide all other address.. The reasons I seek your expert advice on this below reasons.
a) As per the sale deed 6 members Father/Husband, mother and 4 children 2 male and 2 female were part of signing to part the property for 22 lakhs with only one common address
b) All money trail was given to eldest son thru bank transfer and cheque payment, except minor cash portion.
c) The FIR and followed by charge sheet mentions mainly 2 accused / defendants i.e Father and eldest son
d) OS was filed in Sep’2016.. During the course of these 9 months of hearing.. Though defendants hasn’t appeared, but just postponing and suddenly they claim Father expired at this juncture while order is supposed to be passed.. This leaves only the eldest son to address the decree/order. Therefore to track rest of the family and their means to settle money suit (other property/finances) Can I request judge to ensure the rest of the family and eldest son to provide their contacts, address and attach property to settle.
Appreciate your understanding of my situation and looking for your expert help and advice.
Thanks
Rajendra K Goyal
(Expert) 13 July 2017
Without referring full case file it is very difficult to advice, please discuss in detail with your lawyer.
P. Venu
(Expert) 13 July 2017
Facts, as stated, are confusing. Is the matter a civil proceeding or criminal or both? Has the alleged OS been decided and is the matter in the execution stage?
Stephen
(Querist) 13 July 2017
Dear Sirs,
I'll try to describe the case / situation as best I can, however I am hopeful would get your valuable answers to below details.
a) the defendant cheated us plot sale by dubious papers in 2013
b) In Jul' 2015 we try to sell the property, we came to know someone was taking position to fence etc and said our plot # is wrong
c) At that time after much persuasion obtained their and adjoining persons sale deeds.
d) After verifying our sale deeds Vs adjoining sale deeds, came to know our sale deed papers were wrongly / dubiously sold.
e) With above facts, approached jurisdictional police and filed complaint
e.1) With follow-ups with police and providing further evidence as requested by police... the case move to FIR and Charge sheet.These were done between Jul'2015 to Jul'2016
e.2) In Aug'2016 we filed money suit -OS with Civil court since the till Jun'2017 various stages of cases has progressed with my side of evidence obtained by Judge... however without much appearance from defendant side... However on one or two occasions after our hearing and before next hearings... the defendant / lawyer have filed objections... late written statement. To these the Judge has so far found their counter was raised late and hasn't hold much water / strength... Therefore court had posted for Order on 29-Jun-2017... As mentioned earlier the defendants family of 6 signed the sale deed to us with all money trail going to eldest Son.. Now that just before Order they claim the father has died and I dont know the whereabouts of rest of the family.. therefore my fear / reprehension is as mentioned earlier I have only 1 known address which they mentioned in sale deed... As such when the order is passed if the defendants are to pay us money with interest... my question is if the court just passes the order and without further helping Plaintiff of ensuring that defendants any other property are attached and address / contracts are shared.. how to followup next is point.. whether such apprenshesion can be bought before Judge before he passed the order and if yes what are the legal process and laws for the same.
Hope I have provided as much clarity I know and expressed my aprenhesion... hence seeking your expert answers.
Thanks
Stephen
(Querist) 15 July 2017
Seeking answers / help to my query.
Azhagananth
(Expert) 15 July 2017
If the Money suit was filed against the above stated 6 persons, as per the documents executed by them, the suit will proceed with other defendants.
if your claim is proved and the court will pass decree on live member. directing them to pay Jointly or Severely.
Later you can proceed with execution petition on them.
You may even apply for A.B.J if needed..
Dr J C Vashista
(Expert) 16 July 2017
Vague and confusing statements made by author.
Seek advise of local senior lawyer.
M V Gupta
(Expert) 23 July 2017
From your narration of facts, it is seen that you have filed the criminal case only against the Father and eldest son for cheating. It is not clear why you have omitted other persons who also joined in execution of the fraudulent sale deed of a property which did not belong to them and deprived you of substantial money. You have also filed a money suit to recover the sale consideration paid by you to the accused persons. It is again not clear why you have omitted to join all other vendors in the suit as defendants. As the suit is in initial stages it is advisable to amend the suit plaint and add the other vendors also party defendants and add suitable pleadings against them. Otherwise the suit will be bad for non-joinder of necessary parties. Even in the criminal case you should take steps to implede all other vendors as accused as they also conspired to cheat you. The charge sheet should be filed under Section 420 and 123 of IPC. Please discuss with your advocate and take corrective steps now itself.
Stephen
(Querist) 24 July 2017
Dear Respected Mr. Gupta,
Very kind of your response with reviewing my query.
Just to reclarify police and legal process I had taken thus far.
a) I filed complaint at police against all 6 accused and defendants. This translated into FIR and police finally created charge sheet (criminal case under 420 & 123 IPC). Though in the charge-sheet police highlights mainly 2 i.e father and elder son, he has excluded other members. Not sure what's the reasons (was there any back adjustments by rest of the family specially being female members). Currently no progress happened in criminal court yet... other than case is just been postponed by PP.
b) With FIR and Chargsheet, I had also filed OS money suit against 6 accused / defendants in Civil court.. over the last 9 months, court has proceeded with hearings and except on one hearing that too late appearing the defendants have claimed their father is no more... as such now the court case has come to stage of passing order in favor of me/plaintiff.. My aprehension is since father has expired and I don't have contacts of rest of the family members.. hence my query was before order is passed... is there any legal option to highlight to judge to take note that the defendants are to produce their contacts and attach other property to repay my claim.
With above clarification, hoping for your valuable advice.
Thanks
Stephen
M V Gupta
(Expert) 26 July 2017
As the charge sheet has been filed by the Police against all the six vendors then the trial will be conducted against all of them. Emphasis in the charge sheet may be on account of the evidence they have gathered during investigation of the crime.The suit will be decided against all the defendants and order will be passed against all the defendants. As regards unavailability of the addresses of the accused other than the eldest son, your advocate will take necessary steps to issue notices through what is called substituted service. As regards the criminal case the police will have to take necessary steps to trace the other accused persons. Discuss with the Police.
Stephen
(Querist) 26 July 2017
Dear Respected Mr. Gupta,
Much appreciate this clarification.
Thanks
Stephen
