Inordinate delay
Querist :
Anonymous
(Querist) 12 May 2018
This query is : Resolved
Dear Respected members
This time I am posting as anonymous, dear experts sometimes querist approaches you
our legal system one can not approach God without priest and out of compulsion due to local factors lawyers hired sometimes do not do the needful and any suggestion without being sure offends the lawyer.
My case is known to many and still prolonging. My query is.
Plaintiff unregistered partnership firm of two partners files suit for title declaration . Disputed part payment agreement in the name of the firm and firm only. One partner died prior to framing of issues. Surviving partner files witness statement as partner of the firm and cross examined when suit came on to board.
Plaintiffs had obtained status quo under 39 2a at the time of filing suit and breached by me out of ignorance ( defendant) much before framing of the issues. Now 10 years.
Plaintiffs, now only surviving partner has filed breach of status quo application under 39 2a asking to reverse the registration deed and my civil imprisonment etc.
Surviving partner asking for huge amount for out of Cort settlement.
It has been more than 2.5 years since contempt application. Hearing now taken up, six hearing hone, till date I have not received any notice from court.
My previous lawyer did not file necessary application to abate the suit.
Not possible for me to suggest to new lawyer who seems to be doing good work but obviously I am anxious.
Issues framed prior to the death of the plaintiffs partner( do plaintiffs prove that it is a partnership firm , do A and B prove that A and B are partners and so on..
I had raised the query in reputed legal advising site, 4 out of 6 xperts opined suit is not maintainable.
My contempt action now 10 years and before framing of the issues.
My previous lawyer hired by late co-defendant my poa, cross examined surviving plaintiffs and pursued suit without my knowledge otherwise I would have told him facts. He approached me only when contempt application under 39 2a filed.
I am far off from suit place.
Please note suit is not for possession but title only, on paper plaintiffs had possession. Plaintiffs were a unregistered fictitious firm which never did any business in the name of the firm. What could happen to me?
Regards
Querist :
Anonymous
(Querist) 12 May 2018
Surviving partner files contempt application and plaint amendment application after giving ws and cross examination in which the alleged contempt issue not raised. Issue raised almost after 8 to 10years after issues framed wherein alleged contempt action dates back 6 yes before framing of the issues.
Querist :
Anonymous
(Querist) 12 May 2018
Surviving partner files contempt application and plaint amendment application after giving ws and cross examination in which the alleged contempt issue not raised. Issue raised almost after 8 to 10years after issues framed wherein alleged contempt action dates back 6 yes before framing of the issues.
Querist :
Anonymous
(Querist) 12 May 2018
Surviving partner files contempt application and plaint amendment application after giving ws and cross examination in which the alleged contempt issue not raised. Issue raised almost after 8 to 10years after issues framed wherein alleged contempt action dates back 6 yes before framing of the issues.
Querist :
Anonymous
(Querist) 12 May 2018
Legal heirs not substituted
Querist :
Anonymous
(Querist) 12 May 2018
Read issues framed after death of one partner.
Ms.Usha Kapoor
(Expert) 13 May 2018
You better register your firm then it will be clothed with many rights.
Querist :
Anonymous
(Querist) 13 May 2018
Madam,
I am defendant.
P. Venu
(Expert) 13 May 2018
The posting does not bring clearly the the facts and the problem, if any.
Querist :
Anonymous
(Querist) 13 May 2018
My query is
I am defendant
1.Plaintiffs unregistered firm of two partners
2.Partner dead before framing issues
.
3.Contempt application against me dates back to 10 years and alleged action before issues framed.
4. Contempt application filed after giving witness statement and cross examination by only surviving partner
Hearing is underway.
I am victim of my previous lawyer who did not act professionally. Suit place is away from my place.
I am worried and anxious.
Should not suit get abated by default.?
N. B:
Suit is for declaration by virtue of undated part payment sale agreement in the name of the firm ( fictitious and unregistered) done by my late poa and Co defendant
