Plaintiff absence

Sathya (Querist) 15 June 2020 This query is : Resolved
Sir ...we are having civil case suit in hyderabad civil city court ..as I came to know by ecourt website I checked it showing plaintiff absence and next hearing in monthly July 2020... actually there is CMA civil case stay suit is pending in high court ..so I did not followup city civil court case now status showing plaintiff absence and showing case next hearing in month of july 2020 ..weather we have to attend city civil court / high court ..as my engaged advocate says to me no cases on trial ..as he got appointment as govt pleader busy with his work .. suggestion needed how to tackle city civil court issue aswellas highcourt

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This discussion addresses a situation where a plaintiff's absence was noted in a City Civil Court case, with the next hearing scheduled for July 2020. A related civil case stay suit is pending in the High Court. The advice given suggests attending the City Civil Court hearing with a lawyer to update them on the High Court proceedings and any stay orders. It also clarifies what an interim order is and advises consulting with a lawyer, even suggesting changing lawyers if unsatisfied with their guidance. The complexity of having the same case in both courts is acknowledged, and checking online court records is recommended.

Raj Kumar Makkad (Expert) 15 June 2020
Against the claim of your lawyer, the case is still pending before the trial court so better to be present on the next date of hearing in the civil court with your lawyer so as to personally know the status of the case and you may apprise the civil court with the pendancy of the matter before high court supported with the order of stay, if any issued by high court.

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Rajendra K Goyal (Expert) 15 June 2020
Whether proceedings / interim orders are available on the site, if yes, find out the stage and the orders.
Attend the date fixed, in case of need engage a lawyer.

Sathya (Querist) 15 June 2020
Sir wat is interim order I.A. 256/2007

Rajendra K Goyal (Expert) 15 June 2020
IA means Interim Application.

The phrase stands for order on Interim Application no. 256 of yeAR 2007.

If available online, find out the orders.

P. Venu (Expert) 16 June 2020
Are you the plaintiff or the defendant? What is the present stage of the case? Who has filed the CMA? Has the trail been stayed?

Nowadays, because of lock down, only very limited cases are taken up by the Court, rest are adjourned by notification.

Dr J C Vashista (Expert) 16 June 2020
How same case can be pending in City Civil Courts as well as High Court simultanously ?
If Trial Court site shows suit is pending and plaintiff absent, inspect the judicial file and take action accordingly through your lawyer.
If you are not satisfied with the performance/ guidance of your lawyer change him. her immediately.

Raj Kumar Makkad (Expert) 16 June 2020
There might be any interim order under challenge before high court and author being a layman is unable to express the facts properly. Better to talk your lawyer on phone and attend the court on the next date.

Sathya (Querist) 16 June 2020
Sir my mother is filled a case she is plaintiff...in city civil court ..but in high court same case is pending it was case filled by other defendant...totally two defendant ..one defendant filled case in high court ...ya sir am not law student ...atleast by senior suggestion will be getting here ..ya hyderabad city civil court is not working till June 30...but much thanks to all lawyers for ur valuable advices

Raj Kumar Makkad (Expert) 16 June 2020
You are always welcome but my advice for you would be to contact your lawyer telephonically or on social media and apprise him the prevailing facts and seek his advice.

Dr J C Vashista (Expert) 17 June 2020
@Mr. Sathya
It is impossible that the High Court shall admit petition / appeal of defendant wherein original suit stated to have been pending in City Civil Court filed by your mother.

The facts posted by you are unbelievable, urealistic and fabricated. However, consult your lawyer for any clarification/ guidance.

Rajendra K Goyal (Expert) 17 June 2020
Appeal can be filed challenging interim orders, discuss in detail with your lawyer on phone.

Raj Kumar Makkad (Expert) 17 June 2020
Interim orders passed by trial courts can definitely be got challenged before high court during the pendancy of the case before trial court. There is no illigality in this process.

Rajendra K Goyal (Expert) 18 June 2020
Orders / interim orders of High courts and lower courts (in most of the states) are available online, please search, know the contents and may return in case of any further question / information.

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