Hello respectable lawyers,
If a case is already decided in lower court and the appellant goes to district courts and makes an appeal along with the application of stay/status quo on alienation of property.
My question is-- Can appellant take status quo on first date of hearing when the notice sent to respondents has not reached to respondent due to post office lock down due to corona??????
Can he take status quo in the absence of respondent when they haven' got any notice ???
Date of case is 16 APRIL 2020
Dear experts kindly read the following-- as i wish to understand--why the PoA has been rejected by the court.
Subhash Chandra had on November 17, 2016 moved the court through a power of attorney to Gulshan Kumar Sachdeva, seeking prosecution of Mr Kejriwal for allegedly defaming him by levelling false allegations in the wake of demonetisation
A Delhi court on Saturday discharged chief minister Arvind Kejriwal in a defamation complaint filed by Rajya Sabha Member of Parliament or MP Subhash Chandra, saying Mr Chandra had not followed proper procedure while filing his plea.Additional Chief Metropolitan
Magistrate Samar Vishal granted the relief to the Aam Aadmi Party chief, noting that Mr Chandra had filed the complaint through a power of attorney which is "barred" under law.
The court said that Mr Chandra was at liberty to file a fresh complaint in accordance with law."Hence proceeding further with this case will be a futile exercise as this case is also filed through power of attorney. Accordingly the accused Arvind Kejriwal is discharged from this case," the court said.