Anonymous
26 February 2011 at 10:50
Hi, We had filed an interlocutory application with the Jharkhand High Court to quash the proceedings initiated against us in a lower court which had not given us a fair opportunity file our written representation. Me and my father were the petitioners in the petition before the Hight Court. The Hight Court ordered a stay on the proceedings in the lower court and ordered the respondents to appear and file their counters as to why our petition be not allowed and the case be disposed of at the stage of admission itself. However the respondents only filed vakalatnama and did not file any counter and its been over one and a half years since then. In the meanwhile my father expired a couple of months back. My queries are that: 1. Since both of us were the petitioners in the case, is there any need to file a substitution for my father or just removing his name from the petition be enough. 2. My lawyer is saying that since we are enjoying the privilege of a stay on the proceedings in the lower court, the court is not keen on taking up the matter and disposing it off at the earliest. But i want to know if there is any way were we can get rid of this monkey off our back. Thanks in advance.
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