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Sushil kumar (HSE)     03 July 2011

Is it justice - Dismissal of Civil Case on Default

 

QUESTION WAS POSTED FEW DAYS BACK > HEAD OF DISSMISSAL OF CIVIL CASE???, I HERE BY THANKS ALL FOR THE REPLIES, HERE BY LITTLE MORE DETAILS ADDED, PLEASE STUDY MINIMUM THREE TIMES, SEE/ STUDY ATTACHED FILE, MY QUESTION IS >>> IS THIS JUSTICE????, JUDGE IS AT FAULT OR MY ADVOCATE IS AT FAULT,????, IS IT A LAW CONSPIRACY??, PLEASE PEN THE VOICE OF YOUR INNERSELF,  OUR COUNTRY BECOME A LAND OF CORRUPTION, JUDICIARY IS A SOUL OF COUNTRY, GOOD AND BAD’S ARE ALSO THEIR, IT IS A TEAM WORK, YOU ARE ALL LAW EXPERT, WE ALL CAN as individual as team we can >>>, PLEASE PEN YOUR INNER VOICE………………..   

 

 Dear Sir’s,

i am Sushil Kumar NRI, case is >> I am absolute lawful owner of my house A-Z purchase to construction all from NRI accounts,  in my absence my relative entered in my house by lock breaking, after my all failure NGO, Counseling etc, a civil suit filed for to remove the trespassers and for mandatory possession, year 2007 end

I visited, when required on all previous dates from Dubai, UAE, 10th June 2011, was in court,  the advocate was cheating, using his law knowledge to delay the case, appointed new advocate, on 23 April,2011 new advocate appointed, he submitted  re-application , date was 10th, June, 11, for submission. SUBMITTED, COPIES OF DOCUMENTS ATTACHED 

A criminal TRESPASS complaint ALSO FILED, IN THIS  judge were also malfunctioned there complaint was done, on 10th June, this civil case judge put new date 14th June to settle / frame the issues.

I came back to Dubai, on duty,  my new advocate advised, no need of mine, faming of issues is Judge’s /court’s function.

On 14th June 2010, as informed by my NEW advocate >> he visited in court room 0800 hrs other party adv not came, my advocate moved to other courts and placed his munshi in the court, on arrival of other party advocate, call him immediately, the other party advocate appears in court at about 1300 hrs, judge not waited for my advocate, passed orders on default dismiss the case,

My new advocate’s opinion due to complaints of judges > judge done this unethical act, > all Judges are colleagues etc.

Please advise > is this dismissal is justice???, as per law, I was in his court on previous dates from Dubai UAE, 2500 KM Plus,

What next action >>>> as per law, visit www.mediafire.com/nrihrypklpolicekill  download and study case file 151, FOLDER NAMES ARE SELF EXPLANATORY, JUDGES COMPLAINT ANX'RS ETC. good mid night, QUESTION IS ALSO ON THIS WEB SITE, pl. reply nrihrypklpolicevictim@gmail.com,  sushilmehta2003@yahoo.com    

Regards

Sushil kumar

 

 

Please click this link and down load file >>> page 1-3 previous orders of this judge >>> page 4 DSJ order expedite NRI  suhil kumar cases, totally ignored long –long dates, >>> 5 to 27 reapplication

 

https://www.mediafire.com/?xysafpocmyvr1

 



 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 July 2011

It is an absolutely rubbish order from the judge.  When the case is posted for framing issues, he could have given an adjournment for plaintiff;s evidence, not doing amounts that judge is mingled with the other side advocate.

It is better to file a miscelleneous case to get restore the dismissed case.

1 Like

N.K.Assumi (Advocate)     03 July 2011

Not a big deal, just file an application to restore the suit.
 

SACHIN AGARWAL (ADVOCATE)     15 July 2011

Now you have left with no other option but to apply for restoration.

However, the order is illegal. It was the duty of the Court to frame the isues. The presence of parties is not mandatory on the date of fraing of issues. There are lot of judgments of different High Courts on the issue.

1 Like

P V Namjoshi (pvnamjoshi@gmail.com)     17 July 2011

Dear brother do not be impatient. Be cool. It is not that you have no remady. In fact the case was not for hearing as such but for framing of issues and court could proceed in absence of the partiees. Therefore there was no propriety to dismiss. Now you file an application under Order 9 Rule 9 of the Civl Procedure Code.  and get it restored to the original file. Please also go through the citations of AIR 1955 SC page 425 and 1964 SC 993. It is not a case of corruption but mis application of law. Do not blame judges if they are prociduarally wrong. 


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