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MS Karunakar   04 April 2023

Judge dismissed ia to send summons to attesting witness

My father has purchased a property and has written a will upon my name. 

My step brother is claiming a share and has filed a suit. 

The attesting witness is unwilling to attend court. 

So my advocate has filled IA to send summons to witness to attend court. 

The judge has dismissed the IA. 

Kindly suggest what to do. 

Thanks in advance



 11 Replies

Dr J C Vashista (Advocate)     05 April 2023

Move a revision petition assailing the order passed in IA through your lawyer.

MS Karunakar   05 April 2023

Tq very much for your valuable suggestions sir


Shashi Dhara   05 April 2023

File miscellaneous appeal in district court.

N.K.Assumi (Advocate)     05 April 2023

You have not mentioned the grounds on which the Court dismissed the IA. Evidence of attesting witness is important in the case, but the absence of the  grounds of dismissal of your IA , it will be difficult to give a concrete legal opinion. 

MS Karunakar   05 April 2023

Tq very much for your valuable suggestions sirs


T. Kalaiselvan, Advocate (Advocate)     05 April 2023

It is not known how and under what conditions circumstances the witness presence was requested.

It is also not known that what is the reason this IA was dismissed. 

Your question is devoid of details, hence you may revert with details if you are serious about knowing how to move further.

MS Karunakar   06 April 2023

Definitely sir

I asked my advocate. 

He didn't answer my questions. 

I will get back shortly. 

Tq very much for your valuable suggestions sir. 


Dr J C Vashista (Advocate)     06 April 2023

Your lawyer is the only and best person to form proper opinion and advise since s/he is well aware about facts and circumstances of the case, who is an able, competent, intelligent enough and engaged/ paid and bound to satisfy your questions.

However, if you have lost faith in your lawyer it is better to contact and consult another local prudent lawyer with relevant records for proper appreciation of facts / documents, professional advise and necessary proceeding.

MS Karunakar   06 April 2023

Definitely sir

Tq very much for your valuable suggestions sir 


N.K.Assumi (Advocate)     06 April 2023

No good and learned Judicial Officer will dismiss an application without a good grounds, or act in an ignorantly arrogant  manner dismissing an application dehors the law. Your query is academic only, and not a real court proceedings. 

MS Karunakar   09 April 2023

No sir

It's genuine court case

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