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mycent (X)     22 January 2013

Adjournment in lower court during stay order


In my 498a case , HC has given stay on proceedings. As such at the time of the latest hearing in lower court I attached the certified copy of this stay order along with a petition to adjourn the date after 6 months, as HC has asked to put up the matter after 6 months & has put stay on all proceedings.

Initially the judge obliged seeing the certified copy & my advocate took a date which was falling after 6months - I was present during all this activity.. However next day when my advocate reviewed the list he was surprised to see that the next date has been changed & put up in the next month itself. Upon asking the Peshkar, he said that the judge had called for the record later & had asked to make the changes.

My question:

- Can judge still give dates before the specified next adjournment date in HC, when HC has specifically given stay & had asked to put up the matter after 6 months ?

- I smell some foul play here by the record room guys, if this is so, what should I be doing so that this doesn't happen again ?


 2 Replies

Tajobsindia (Senior Partner )     23 January 2013

1. Law says that the "stay Order of superior Court' via Registrar needs to be urgently conveyed to concerned Court then stay there becomes valid stay for all practical purposes.

2. Here no doubt you people produced Certified Copy which is run of the mill procedure almost everybody follows but most often
Trail Court takes one extra step and did what it did and same is stated in your brief. There is no foul play and the Magistrate is going by Books J

3. Now the remedy for you folks is to request concerned Registrar of HC # which gave the Order of stay to convey expressly via Dak to lower Court and check Dak register at
Lower Court before NDOH.

4. Another remedy is to approach Computer Branch of trial Court and get authenticated / certified the certified Copy by checking online HC official website which is also a lesser known but valid practice in eyes of Law followed in express cases handled by smart Lawyers in reference to context before next date (falling in 1 months time which you say instead of after 6 months)

Take printout of this reply to your Lawyer and see where his convenience sits tight now
J .


mycent (X)     23 January 2013

Thanks Tajobsindia !!!

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