Anonymous
17 September 2019 at 09:27
Sir
I am facing breach of status quo charge in an otherwise untenable civil declaration suit. Is it compulsory to register lis penden ( disputed property) with registrar in Gujarat.
Anonymous
29 July 2019 at 21:41
Sir I am defendant in what appears now untenable declaration suit.
Plaintiffs a firm of two and only a surviving partner after filing witness / evidence statement on behalf of firm and cross examination has filed contempt application against me contradicting his/their averment in witness statement filed on oath.
One issue framed for the plaintiffs is does plaintiff 2 prove that he is partner of the firm and did defendant 2 signed the agreement. Where as both plaintiffs 2 and defendant 2 were no more as on date issues were framed. Legal heir not named.
Wonder why plaintiffs lawyer and defense lawyer brought this fact to notice of court.
My alleged contempt action dates back to before issues were framed.
All the issues framed by court obviously stand disproved by the plaintiffs as per evidence / witness statement filed on oath.
Court if wants can deliver judgement without defense. Two necessary parties who signed disputed contract no more.
My first lawyer double crossed and resigned as plaintiffs evidence ended.
I hired other lawyer with lot of difficulty at exorbitant fees due to desperation at 11 th hour as court gave hearing stage.
My new lawyer has not filed any reply and says I should keep mum.
26 hearings have passed since.
Court is neither giving defense stage.
Nor initiating contempt proceedings against me.
None of the lawyers are attending hearing.
I personally attended one hearing and judge said bring your lawyer.
Lawyer is big name and difficult to to be candid with him.
I am 65 and away from place of suit.
At one stage I contacted surviving plaintiff and he was unreasonable and as such there is no need for me to compromise.
Your views and advice.
MahendraKumar.H.Trivedi
18 June 2019 at 20:55
Sir
I am defendant.
It is almost confirmed that declaration suit filed by a sham firm not tenable as one partner of the petitioner's firm of two partners died without naming legal heir and in evidence statement surviving partner almost confirmed that the firm was / i a sham firm and it never did any business.
One of the partners partner died in 2011,
Yet issues framed in 2013 for plaintiffs firm reads if plaintiff P1 the firm proves that it is a partnership firm, if the P2 and p3 prove that they are partners of the said firm where as P2 is already dead in 2011. Whether P2 proves that he signed the contract but P2 dead.
Was it not duty of the lawyers to bring the discrepancy to notice of the court.
Now for long time after PEV surviving partner has filed untenable IA and hearing going on. Case being prolonged to harass me.
Can I write directly to registrar over firm's non existence prior to issues were framed due to death of P2. Suit instituted by firm and disputed contract in the name of the firm.
For some reasons my lawyer seems to be not filing necessary objection.
I tried changing lawyers.
MahendraKumar.H.Trivedi
15 May 2019 at 09:21
Sirs,
I changed lawyers, consulted number of lawyers and retired judges but could not get proper answer. I am now facing contempt charges under 39 2a vide interlocutory application in a declaration suit instituted by a firm. No reply filed by me /my lawyers. Contempt Application filed by plaintiffs in 2016, came up for hearing in 2018.
Court is not disposing off the application, neither any notice issued on me. Nor giving judgement.
Contempt Application was filed by plaintiffs after giving pw and all issues proved otherwise for plaintiffs as obvious from witness statement filed by surviving partner.
Both sides lawyer remaining absent.
I personally went for hearing and judge told me there is contempt application with provisions of punishment against you and come with your lawyer. Against above back drop my query is
1) interlocutory application is not numbered
2) suit is instituted by a unregistered firm of two partners and one partner died( no legal heir named) and current contempt application is signed by only surviving partner and not by both partners as other no more.
Disputed contract leading to declaration suit is in the name of the firm and not in the name of the partners.
Is suit tenable.
Anonymous
01 May 2019 at 10:20
Hearing going on contempt application filed under 39 2a by an unregistered firm of two partners and one partner dead before trial, no legal heir named, contempt application filed during ongoing suit,
after only surviving partner filed ws and got cross-examined where as alleged date of contempt much before case came on board.
Previous lawyer did not file reply and left the case at crucial time, present lawyer also
has not filed reply to contempt application.
Yet I have not been served any notice / summons as there are many loop holes in the main suit as well as contempt application ( plaintiffs a sham farzi firm)
It has been 4 years since plaintiffs filed the contempt application and 18 months since hearing on application by court( 22 dates),
also plaintiffs lawyer not attending Court as well as my lawyer. Some nexus going on. I am outsider to the place of suit.
I personally went to court and judge said bring your lawyer and file reply.
Lawyer is a big head and difficult to get him. around. His assistant not replying my mails / enquiry. Handsome advance fee paid.
Sirs,
Can I personally file the reply in form of affidavit or through some other lawyer.
Contempt application by plaintiffs / defendants is self contradictory and bares plaintiffs claim that they had the possession. Suit is for declaration.
Further can award punishment for contempt without hearing me, or giving notice / summons or framing issues.
So far no written explanation asked by court in writing.
Anonymity essential.
Advise and oblige if you can.
Anonymous
07 April 2019 at 17:53
Has to remain anonymous to hide identity from other stake holders in civil suit.
I defendant in declaration suit.
P1 an unregistered firm of two partners
P2 died before suit came on board and one of two partners
P3. 2n d partner.
My then lawyer did not inform me of stay, neither plaintiffs obtained under 39 2a much before trial began.
Plaintiffs lied that they had possession. Of suit property and stated that they were paying civil taxes. Their /his lie exposed as for years were unaware of alleged breach of status quo and filed breach of status quo application after giving witness statement.
I was not even aware of ongoing suit till my then lawyer informed me of said breach application.
On going through papers I found that the lawyer was also named as advocate for p3 plaintiff and only surviving partner. Can a lawyer appear for both plaintiff and defendant. Although a different lawyer is named against firm. But after death of other partner, main plaintiff was the surviving partner who had hired my lawyer and played games. Is it legal to represent both parties? X lawyer has jeopardized my case. Although suit is not tenable but not coming to end. Hearing stage going on. No defendant stage given.
My second query is plaintiffs breach of status quo application to imprison me as contemnor etc not numbered.
Application since past 3 yrs but no notice given on me but hearing going on since more than a year after plaintiffs evidence ended.
Views and advise would be highly obliged.
MahendraKumar.H.Trivedi
27 February 2019 at 20:47
I am being anonymous as otherwise query appears on Google on search can alert suit stake holders.
In March 2015 my lawyer informed me that I have breached status quo, later he agreed to defend me saying case is soft but in Dec 2015 when plaintiff actually filed breach of status quo and other application he backed out, no reply was filed, plaintiffs evidence ended and hearing started and my efforts to hire lawyer were thwarted, in a hurry with great difficulty I hired another lawyer who never briefed me technicalities, I dare not ask him also.
Later I studied the case papers. Stay seems to be invalid as I was never informed and requisite affidavit by plaintiffs not filed.
In a declaration suit plaintiffs maintained that they had the possession but now in breach of application filed they are asking for possession.
Breach of application filed after issues framed and after giving plaintiffs ws.
Based on ws all issues framed are obviously against / adverse to plaintiffs
Sirs I am really in trauma.
Once upon your advise I went to court on the date but could not make head or tail of it, judge stopped from speaking said come with your lawyer ( x lawyer).
Stay order is not attached in cases status.
Plaintiffs evidence ended in jan 18 and case status shows Hearing , my lawyer said hearing is on plaintiffs applications, it has been a year now. I have not filed reply to breach of status quo application, no notice on me so far, plaintiffs application not numbered.
Main suit is not tenable , two necessary parties no more , but contempt application also seems to be untenable. Can contempt application lie pending for more than 3 yrs.
Can i write to registrar, how can i approach high Court. Suit of 2005, on board since 2013, and now hearing going on since Jan 2018, no defense stage given.
I am 65 away from suit place, can. I apply for case transfer, how? " plaintiffs evidence is over. Respond if you please, Regards.
A sad commentary on our judiciary
Anonymous
28 January 2019 at 21:34
My query is genuine
But posted as anonymous as I want to keep it secret from other stakeholders including lawyers.
Suit against me and status quo breach application against me is not tenable, I am almost certain now.
Contempt Application filed three yrs back.
After filing plaintiff evidence in 2014 Plaintiffs except filing status quo breach application against me in Aug 2015 has not filed any fresh document, still plaintiffs evidence went on till Dec 2017. I /my lawyer did not file reply against contempt application My lawyer was also lawyer of one of the key and surviving plaintiff and I did not trust him.
After that in Feb 2018 no defendant evidence given but court hearing . I hired new lawyer, he is not double crossing but not making necessary applications to end the suit. 18 dates have passed , I am not issued any notice.
Application as I guess are not numbered / registered.
My present lawyer told me I will call you when required. As that time no lawyer was ready to defend me due to nexus, I did not have courage to discuss the case, also out of frustration I had shown willingness for out of court settlement to my new lawyer.
Plaintiffs asked very high amount, later on when I studied the papers I am almost certain that suit and contempt application not tenable. All issues framed are obviously found going against plaintiffs.
Contempt application filed application for cause of action before issues were framed and after filing plaintiff evidence which contradicts the contempt application.
Plaintiffs, lawyers although case not tenable interested in keeping the suit alive.
How to get out of the quagmire / nightmare. I am 65.Difficult to open up with my new lawyer.
Please advise if you can.
Anonymous
29 November 2018 at 11:10
In a contempt application filed by plaintiffs and I being defendant, it is very critical for me to know whether status quo order passed was exparte or not.
Injunction prayer was filed with main suit under rule 39 2a and order was passed after 8 months.
I was never informed of when hearing took place. Order reads exhibit 5 application to maintain status quo approved.
It also reads it is read out in open court.
It bears signature of the advocate of plaintiffs( with wrong date) and my x lawyer
Initials with no date and marked 'seen' only.
I was never informed.
Case status first hearing states 2012where as order passed in 2007.
In case status order is not attached.
I have all the reasons to believe that I am being harassed by nexus of lawyers.
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No notice, no judgment
In otherwise untenable civil suit filed in 2005, plaintiffs had obtained stay in 2006, my previous lawyer hired by late poa and co-defendant never informed of stay purposefully so that Staub is not challenged.
2005 filed કેસ comes on board in 2014, my x lawyer never informs me of ongoing case, in 2015 he writes to me that I have violated the stay. Property already sold in 2009.
After altercation lawyer tells me case is soft and he will see me through but in 2016 when plaintiffs file contempt application and as plaintiffs evidence ends and court gives "hearing " my lawyer ditches me.
I hire new lawyer, I am at distant place.
My lawyer told me he will call me when required. He has not called me to date, it has been two years since hearing stage. Neither side lawyer attending court.
Plaintiffs had lied that they had the possession of suit, which got exposed as property sold in 2009 and plaintiffs unaware till 2014 and file breach of status quo application in 2016.
Online status shows business done "S ".
No notice given to me by court.
I once personally attended the court and told Judge that I was never informed of stay. He said come with your lawyer.
Lawyer says not necessary.
Both lawyers absenting.court not giving any judgement.
Please advise. Can Court sit on contempt applications / breach of status quo application so long.