Property
Swaty Gupta
(Querist) 07 January 2015
This query is : Resolved
respected sirs,
my family members were the defendants in a suit filed against us by a previous business partner. the brief details of the case are as follows
my grandfather-in-law ran a business and had many tenanted pagri properties(commercial) in his name. after his death, the eldest son made the plaintiff a partner in the business. after 23 years, the partnership firm was dissolved and accounts settled with help of arbitrators who did a thorough job. even though all the tenancies were in individual names(8 of them in prime commercial areas), the arbitrators divided them too. after gaining more than his fair share, the paintiff decided to go after our share too and filed a suit for dissolution and rendition of accounts.
the suit was filed in 1981 and it was ruled in our favor by the distt court in april 2014. while giving the ruling the judge remarked that"a frivolous suit like this should have got dismissed on the first hearing itself."
the plaintiff is a wicked man who is involved in many suits mainly involving usurping of money. also, the plaintiff's counsel changed with every hearing since he never pays up. one of his many counsel remarked that the our side mishandled the case entirely. when the suit was filed in 1981 we should have submitted the arbitration document and file a counter case and not replied to his appeal.
earlier the family elders looked after this matter and completely depended on the lawyer and never questioned him. the real shocker is that the arbitration document was submitted after 20 yrs of litigation!
thankfully things are changed now.
after he lost in distt court, now the plaintiff has filed the case in high court. we recieved notice to appear for the first hearing before the registrar(appellate). we are yet to hire a lawyer. i wanted your invaluable guidance prior to any action on our behalf.i have immensely benefitted from your kind advice earlier. kindly tell me
1. do we need to hire a lawyer for the hearing of appeal or should we just present our side's evidence?(we know all the details by heart now)
2. what is the right approach to this case? did we really made a mistake back earlier?
3. is there a way to put an end to this harassment by this frivolous man who has spent his entire life surviving on other's money?
4. after 33 years of trial by the distt court, what are the odds of this appeal getting dismissed in the first hearing?
eagerly awaiting your advice...
Devajyoti Barman
(Expert) 07 January 2015
1. bETTER TO ENGAGE AN ADVOCATE
2.Now it is too late.
3. Contest appeal on merit.
4. Without seeing the respective pleadings, judgements I can not comment.
Swaty Gupta
(Querist) 07 January 2015
thank u sir. just want to add that in the judgement by the distt court, the ADJ has mentioned the contradictions in the plaintiffs' claims and also cited clear grounds for rendering his claim invalid.
Swaty Gupta
(Querist) 07 January 2015
thank u sir. just want to add that in the judgement by the distt court, the ADJ has mentioned the contradictions in the plaintiffs' claims and also cited clear grounds for rendering his claim invalid.
Swaty Gupta
(Querist) 07 January 2015
thank you sir. i appreciate your advice.
B K Raghavendra Rao
(Expert) 07 January 2015
Since this is an appeal, you need to engage an eminent lawyer and defend your case. You need to substantiate that the considered judgement of the lower court is in accordance with law. Your objections and arguments need to be strong. Complete advise could be given only on seeing the judgement copy.
Dr J C Vashista
(Expert) 08 January 2015
Well analysed and advised by the experts,I agree, despite the fact it too long a story and not a query.
Consult your lawyer.
Rajendra K Goyal
(Expert) 08 January 2015
It is advised to engage some senior lawyer to deal with the appeal, show him the full case file and clear your doubts, if any.
R.K Nanda
(Expert) 08 January 2015
agree with experts.
ajay sethi
(Expert) 08 January 2015
agree with experts engage lawyer and fight case on merits . appeal wont be disposed of at first hearing
Biswanath Roy
(Expert) 10 January 2015
Engage a Senior Advocate having profound knowledge on the subject dispute to bang the grounds of appeal to make it an end.
T. Kalaiselvan, Advocate
(Expert) 12 January 2015
The plaintiff having lost his case in the lower court has rights to prefer appeal against it, so you cannot a question his rights, let the court decide about his frivolous cases. You better engage a lawyer (make sure he does not miss the bus like the previous lawyer in the lower court), fight out the appeal on the basis of merit on your side.
