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windowsxp   07 November 2016

Ordered for judgement with out respondent arguments

Dear Sir/Madam/Frnds,

I need advise on my case, last week judge has ordered for judgemnt as respondent is escaping from filing arguments even after giving many chances to file. during hearing phase respondent came and took date to file arguments telling her lawyer was busy with festival, judge gave a date and in next date respondent came and told to judge my lawyer will come for arguemts today please pass the case.

when second time called my case both lawyer and respondent are absconded, so judge got irritated and gave next date for judgement.

my query is are there any chances to revoke the judgement date by respondent saying thye have not filed arguments yet. during trails after we filed arguments they filed objects asking to give chance to file evidence and after interim orders judge gave a chance for them to file evidence with 1k fine.

i'm little worried about this process if again they allow arguments case will be dragged for another year :(, kindly advise, do they have possiblity to file arguemnts at this stage?

REgards,

Srinivas

 

 



Learning

 15 Replies

adv.bharat @ PUNE (Lawyer)     07 November 2016

Srinivas they can revoke the judgement date.

1 Like

windowsxp   07 November 2016

how can they do that? is there any process for that?

windowsxp   07 November 2016

My lawyer tells, once judgement date given they cannot revoke the date ?

Regards,

Bhogesh

Sachin (N.A)     07 November 2016

Your lawyer is wrong they may file an application seeking date of arguments, gernellay court allow these type of application after imposing penelty.

 

in my case

When i appealled in session court, respondent was evading arguments court gave date of judgement after 10 days and further wrote respondent can come on any day after 2:00 for arguments. 

1 Like

Sachin (N.A)     07 November 2016

I only want to say each judge has different style of working but no judge will refuse to such application where respondent want to defend himself/herself.

windowsxp   07 November 2016

i again checked with my lawyer, actually judge gave one month after for judgement date, as per my lawyer they can change tht judgement date but they can send notice to us if any change in date/if they filed arguments, is this correct?

Sachin (N.A)     07 November 2016

Yes, it is correct

windowsxp   07 November 2016

sorry they cannot change the judgement date that is what my lawyer advised, but if they want to file arguemnt they can do on the same day itself but judgemnt date what judge has given wont change, sorry typo in my previous message

Ms.Usha Kapoor (CEO)     08 November 2016

If judge/court allows them they can advance ARGUMENTS EVEN AT THIS STAGE AS IT  IS THE DISCRETION OF THE JUGE. iF YOU APPREICIATE THIS ANSWER PLEASE CONVEY  MY FORUM THANKS.

1 Like

windowsxp   08 November 2016

Thank you very much for your valuable replies, Bharat, Sachin and Usha, your suggestions will give immense strenght to me to fight my case. i really appreciate your helping hands.

meanwhile so here are the chances.

1.they can file application asking judge to allow them to file arguments on the day of judgement date ?

for above reason do they need to file applicaton before the judgement date or on the same day, if they file applicaton before judgemtn date how can i know that? do they send any notice to me?

2. incase judge wont allow their application to file arguments by seeing their history, 4 time they absconded during evidence, after i file arguments they filed objection and judge orderd to file evidnece with penalty they did that so now they are following same steps to drag the case.

if Judge wont allow their application can they move to high court on the basis of that aplicaion and stay the judgment date until high court orders lower court to allow them to file arguments?

 

windowsxp   08 November 2016

Hi All,

any suggestion on my queries, thanks in advance.

Regards,

Srinivas

 

windowsxp   08 November 2016

Thank you very much for your valuable replies, Bharat, Sachin and Usha, your suggestions will give immense strenght to me to fight my case. i really appreciate your helping hands.

meanwhile so here are the chances.

1.they can file application asking judge to allow them to file arguments on the day of judgement date ?

for above reason do they need to file applicaton before the judgement date or on the same day, if they file applicaton before judgemtn date how can i know that? do they send any notice to me?

2. incase judge wont allow their application to file arguments by seeing their history, 4 time they absconded during evidence, after i file arguments they filed objection and judge orderd to file evidnece with penalty they did that so now they are following same steps to drag the case.

if Judge wont allow their application can they move to high court on the basis of that aplicaion and stay the judgment date until high court orders lower court to allow them to file arguments?

Sachin (N.A)     08 November 2016

Originally posted by : windowsxp

1.they can file application asking judge to allow them to file arguments on the day of judgement date ? for above reason do they need to file applicaton before the judgement date or on the same day, if they file applicaton before judgemtn date how can i know that? do they send any notice to me?

 

They have to file an application before date of judgement, because the judge has already given the date of judgement and on that day you can go to read the judgement ( Gerenally after 4:00 pm)

It is not necessary that court will notice you, if your arguments have already completed then judge will not call you again.



2. incase judge wont allow their application to file arguments by seeing their history, 4 time they absconded during evidence, after i file arguments they filed objection and judge orderd to file evidnece with penalty they did that so now they are following same steps to drag the case.

 

As i already told you that judge will defenately allow them to argue after imposing cost on them and no judge will say i will promounce judgement without hearing to other side.

if Judge wont allow their application can they move to high court on the basis of that aplicaion and stay the judgment date until high court orders lower court to allow them to file arguments?

 

No, incase their application not allowed, they will move to HC after judgement. because moving HC takes long formalities and it will be difficult for them to get stay order before the date of judgement.

 

Hope it clears all your doubt !!

 

1 Like

windowsxp   10 November 2016

Thank you Sachin for you kind advise


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