praveen (Electrical Engineer) 23 September 2016

Dvc pw1 cross examination closed

Greetings,

In my DVC case!! first on paying the arrears magistrate as forfeited cross exam on pw1, then I file 311. On, 15-9-2016 Magistrate has allowed 311 petition on condition saying that Interim Maintenance arrears has to be paid within one week time and 311 recall had been allowed by magistrate. Again Date has been given on 22-09-2016 and I attend the court. My lawyer has also filed a Memo on behalf of me that for Interim Maintenance appeal has been pending before II Additional District and Sessions Judge. But Unfortunately, today magistrate has closed the Cross examination of PW1, the reason magistrate closed cross is for not paying the pending arrears. Not given permission to cross exterminating pw1. Hence PW1 cross is closed.

FYI

Interim Order has been passed march 2016, till now I paid 10k out of 42k , after order I have approched Sessions court for appeal for the stay, Judge allowed the appeal and doing further case is running in appellant court, opposite party is also file vakalat in the court

Kindly I request the forum experts to give suggestions and ideas

Thanking you in anticipation

Reply Follow

7 Replies

praveen (Electrical Engineer) 23 September 2016

Sorry for not paying the pending arrears * typo mistake duh

Sachin (N.A) 23 September 2016

Appeal against this new order also (in same appeal) and also request the court to call the records from trial court (TCR).

praveen (Electrical Engineer) 23 September 2016

@Sachin

Thsnk you for giving reply,

Do you want me to appeal this new order with same old appeal order which is pending before II Additional Sessions and District court.

But my lawyer was asking me to file in the Hon'ble High court.

Experts please give suggestions

Sachin (N.A) 23 September 2016

How can you by-pass the court of session. Reason of the problem is session court has not called for TCR . After the order for TCR . Case in the trial court will be stayed.

praveen (Electrical Engineer) 23 September 2016

Sachin,

Sessions court Judge is giving very long dates, after four month opposite party filed vakalat in the court.

I prayed court for the STAY, but judge is not even listening to my lawyer words.

So, you want me to apply with this new order with old one, so no need of going for the high court at this present moment.

Sachin (N.A) 23 September 2016

High court gives more longer date and at the end it will say that you cannot bypass the court of session. If trial court date is before court of sessions' date The solution is to file an application " Seeking early date of hearing" in session court.