Civil Procedure Code (CPC)

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MahendraKumar.H.Trivedi (Valuer)     07 July 2018

Case not coming to end is very tormenting

My apologies for repeating but this time I am posting in systematic manner 1. I am defendant 2. Plaintiffs unregistered firm of two partners asking for title of the plot vide specific performance suit in 2005 3. Part payment agreement in the name of the firm. 4. My poa who signed agreement, Co defendant no more 5. Rule 7 order 11 by court rejected at earlier stage. 6. Status quo granted to plaintiffs in.2006.but I am not informed as I stayed away. Lawyer was hired by my late poa. 7. I consent sell the plot to actual possessor in 2008 vide poa against consideration. Unaware of stay suit and law. 8. On paper possession with plaintiffs as stated in suit by them 9. One partner who signed contract dies in 2011 10. In 2013 court frames issue is plaintiffs a firm and A and B partners and is suit barred on account of non registration and did defendant two agreed to sale plot to firm through A ( no more) 11. My lawyer does not inform me of suit coming on board in 2014. 12. Surviving partner files witness statement unaware of my inadvertent alleged contempt / sell of plot. 13. In witness statement confirms that the firm was unregistered and never carried out business. 14. In March 2015 my lawyer enquires about sale of plot and I confirm directly or indirectly title stands transferred. 15. Surprisingly my lawyer also named as lawyer of the surviving partner. 16. After some altercation I retain him as my lawyer as he tells me it is a soft case as full payment not done. He does not inform me of death of one of the partners. 17. In March 2015 he tells me that plaintiffs have filed contempt application under 39 2a that matter is serious and imprisonment etc. 18. As he was named advocate for surviving plaintiff, I do not trust him. I also doubt if there was stay at all. 19. Plaintiff as a partner of the firm( other died prior to issues framed) also filed amendment of plaint , asking for possession of plot and adding of possessors as defendants. 20. No reply filed by my lawyer. 21. Plaintiffs evidence continues till Feb 2018. 22. I do not receive any notice / summons 23. My lawyer refused to defend me as hearing started in 2018. 24. Due to cartel other lawyers refuse to take my case. 25. I hire a good reputed new lawyer but dare not discuss the technicalities but assured not to worry m 26. 8 hearings gone, no notice , nor defendant evidence stage. 27. In meantime I spent traumatic times enough to drive one to suicide out of fear of imprisonment etc. 28. My alleged contempt in 2008, before issues were framed. 29. How can suit continue when partner who signed document for the firm no more. 30. In witness statement surviving partner has almost confirmed that it was a sham firm. 31. Possessors were illegal tenants of the plaintiffs firm, one of the brother reportedly took my poa in 2008 and transferred to his brother in by 2010. Contempt application filed by plaintiff in 2014 after giving witness statement. I am 65 and still worried. Any word of advise / solace will be highly obliged. Cost of plot has soared. I exactly do not know what documents I signed in favor of possessors in 2008 against consideration. All my late poa , possessors and plaintiffs had entered into slipshod oral. and written agreement. Now I am facing music as although unaware of stay and law I. Signed documents prepared by possessors of course against some consideration. Regards


 1 Replies

MahendraKumar.H.Trivedi (Valuer)     07 July 2018

Contempt application and amendment application filed in Dec 2015 and now hearing going on

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