Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Balaji Bakthavathsal (+919444448455)     16 March 2020

Lacunae in our legal system

Our legal system is framed in such a way that the unscrupulous elements are given a free hand to abuse the process of law. Here are a few examles:

A fraudulent lady filed a civil suit seeking partition on a property to which she has no relation at all, ignoring to include the genuine legal heirs who are in possession and occupation of the property as respondents. The genuine legal heirs when came to know about the suit which was filed on their property without their knowledge, impleaded themselves as respondents, contested and won the case.  While dismissing the suit filed by the fraudulent lady, the court in its judgment clearly stated that knowing that she has no right in the property, she dragged the suit and hence imposed an exemplary cost of Rs. 3000/- Rupees (Three thousands only) under the Section 35A of CPC. The judge could have referred the case for criminal action under the section 340 of Cr.P.C. This encourages the false litigation

A fraudulent person obtained power of attorney on a property from another fraudulent person who is not the title holder to the property. The principal who is also a fraudster, after getting a meagre amount from the power agent, cancelled the Power of Attorney. Despite the cancellation of the Power of Attorney, the Power Agent went ahead and registered the Sale Deed. The genuine legal heirs filed a suit in the lower court seeking permanent injunction against the intruders and mandatory injunction for cancelling the fraudulent encumbrances. The respondents failed to turn up and the court declared all the respondents as ex-parte. The Power Agent who did not turn up to a single hearing, filed IA after IA preventing the normal proceedings of the court and when the court did not yield to him, filed a CRP in the High Court to set aside the ex-parte order and to stay the proceedings in the court with the intention of dragging the trial. The lower court finally awarded ex-parte judgment & decree in favour of the plaintiffs as the High Court did not take up the case till date. (The CRP was filed in the year 2014). The Power Agent who went ahead and filed an appeal suit in the next appellate court (Sub-Court) to set aside the ex-parte decree in 2016. Though more than 4 years elapsed, neither the appellant nor his counsel did turn up to the court to present the argument. On the contrary, the appellant was keep on changing his counsel every year to drag on the suit.  No doubt, the court can dismiss the appeal suit but what is the use ? The appellant will go for second appeal and put the genuine persons into mental agony.

These two are simple examples in my case and there may be many more. It is a pity that nobody comes forward to weed out the lacunae in our legal system. As long as such legal system exists, the fraudsters, the Kangaroo Court and the black sheep advocates will have a hay day and the innocent persons will be silent sufferers for no fault of theirs.


 1 Replies

krishna (frr)     16 March 2020

Sir, People like you should be the lawmaker. But fact is that you are among minority people who care about majority but majority who are in responsible position do not care about anyone and does not want this system to change. Finally law of god punishes everyone appropriately.

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