I saw on E Court website one suit was filled against my late mother who died in 2007 . I could make out that it was Restoration of Suit filled in 2013 and original suit was dimssised for non appearance of all parties in 2012.
On date as per E court website I visited court and gave applciation with prayer 1) applicant - Legal heir may be allowed to see the brief in person 2) Plaintiff may be directed to give zerox of Civil M.A. for preparation of WS 3) Defendant 1 (Local Govt) may be directed to give zerox of civil M.A. for preparation of WS.
Well to my best knowledge in Civil Manual (I stay in Maharashtra) , there is option for inspection of documents by parites , or if it is third party it should be supported with affidavit and proper reason why he want to inspect the brief.
Here Judge instead of allowing me to see the brief wrote on application that "Other party to file say" and this order was not told to me. and kept in brief and Brief was denied .
Next date since I had time and no one in court I gave applciation again to see the brief as applicant (mentioning myself legal heir of deceased respondent 2) . Judge said this is not proper application you can not see brief without being party to the suit. ( Bit confused as she gave contradictory statement to civil manual , instead she could have asked for death certificate , affidavit and as per civil manual she should give permission) as even now I am dark about brief and steps taken , whether i am party or not 100% , because court website are not completely updated and reliable here I felt process was not done properly by Judge. (Not sure)
Additonally it came in my mind , since i had little knoweldge of the case i understood i may /may not be party to suit. So making correct application was bit difficult . I felt without even reading brief whether I am party or not party , what other mess the plantiff have done I can not make proper application. In mean time when I managed to see brief some how doging Judge , I found out that Plantiff managed to get Ex-Partee order against dead defendant 2 , He managed to get No Cross order against Dead defendant 2.
And I felt Judge was not showing the brief and insisted that I should be party first then only I can see brief.
Q1) Whether Judge was right in denying the brief that it can not be shown till I become party ? and what are remedies available , if she only have written other party to file say ?
Q2) After interaction with opp. junior advocate I found out that they have filled suit against dead defendant due to lack of knowledge. This statement I will contest severly with documentary eveidence like certified Rojnama of other case where legal heirs are taken within period of limitation . But I doubt which application I should make to court now.
that is to impleded me as party , setting aside abemtnet of suit ? (Some time I felt it is not required because dismial of restoration of suit itself is in my interest)
Or
Whether application by legal heir of deceased respondent who is not party whether it can be taken on record and whether prayer in it that case should be dismissed since it is filed against dead respondent whether it will be enteartained by Judge directly without person being party in suit?
Or
Whether I should file application stating the suit is already abeted but again question is whether i can state when I am not party ?
Or
Whether I should wait for Plaintiff to file say on inspection of documents, and latter they file application of setting aside of abetment of suit and making legal heirs of defendant 2 party and I contest that application. and till then be silent and watch .
Q3) The whole suit seems to full of legal procedure blunders done by Plainiff advocate from first it seems , additionally it was dismissed due to lack of appearance , Now this restoration of suit too seems to be full of procedure blunders. Under such circumstances whether legal heir of deceased who is not party to the suit can directly move application to dismiss the case since it was filled against dead person with due knowledge and suit should be dismissed .
---- In my interest I feel better this restoration suit itself get dismissed , as it is waste of time for both parties , and Plaintiff advocate is only earning doing procedure blunders and taking more and more dates and delaying the matter without conclusion. Restoration and even main case will now lead no where as per my legal study as goal of plantiff can never be achieved with even main suit .
Please share your views on it :)
