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Bhaskaran Advocate (Lawyer)     15 August 2019

2 memos to be filed

My I.A.'s are pending for impounding documents for dismissal of plaint etc since...6 months.

I want to file two memos on the next hearing.

1.  One praying for posting the I.A's for orders since I have finished arguments.  Plaintiff even after 4 hearings is just seeking time to argue.

Another ...

as per High court and Supreme courts..

2.  Praying for Rejection of plaint suo motto u/s 151 r/w Order 7 Rule 11

Shall I file both the memo at the same date of hearing day.



Learning

 8 Replies

Shashi Dhara   15 August 2019

Wait until orders is passed on present pending I.A.s

Bhaskaran Advocate (Lawyer)     15 August 2019

The above case is an Injunction simpliciter  suit filed by tenant claiming title to himself relying just on one document i.e., 1998 sale agreement.   Hence I can't wait since I have filed against this same Plaintiff an eviction suit in small cause court.  When a cloud is raised on the title of the plaintiff then he needs to convert the suit into a declaration suit.   Hence the Plaintiff suit miserably fails.  

Shashi Dhara   15 August 2019

U insist court to dispose IAs urgently whether it may allowed or dismissed. The matter is very critical and situation is uncontrollable .If dismissed u may approach higher court.

Shashi Dhara   15 August 2019

If it is sale agriment then he has to file specific performance of contract he cannot claim title or declaration on that document.

Bhaskaran Advocate (Lawyer)     15 August 2019

But the judge does not know this basic things too that he has to file specific performance.   The sale agreement is a forged one with a thumb impression of my seller.  I had once given him my documents since he wanted to buy my property.  He created a forged sale agreement taking the name of my seller.

Shashi Dhara   15 August 2019

It is better to approach high court to quash it as plaint is not maintainable.contact eminent advocate and advice of high court advocate with documents.

Bhaskaran Advocate (Lawyer)     15 August 2019

I am planning to file two memos and make the judge take action on it.  Sometimes it is fun to play with the judge who knows everythig but is unable to support his favorite party.   He is a M and party is a C 

Shashi Dhara   16 August 2019

Yes proceed .if they pass orders then u can think about next proceedings.
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