I would like to inform that I got a favorable order in I.A. from Hon’ble Civil Court which filed by an against party as a plaintiff who is facing the criminal case in Hon’ble Criminal Court by me.
I therefore I filed a Caveat Petition in Hon’ble District Court with Vakalath of my advocates and got caveat numbers on the same date. The opposite / plaintiff filed an I.A. & C.M.A. with help of his advocates and gave a notice my advocates to file counter affidavit. I filed the counter affidavit within the limitation period by giving a copy to other Petitioner/Party’s advocate with help of my advocates and got the acknowledgement of S.R.No. on the same date.
Hon’ble Addl District order to Petitioner of the I.A. & C.M.A. to serve the summons and a notice to attend the Hon’ble Court. I got the same summons and a notice for which I had filed a counter affidavit by giving a copy to other advocates and I already got an S.R.No. with date for the same.
The first date of Hearing in the Hon’ble Addl District Court, I was absent due to accidentally I was present in another two Criminal Cases as COMPLAINANAT one is Calendar Case and another one is S.R.No. allotted Criminal Case. The Hon’ble Criminal Court order me that my presence is mandatory due to I am the complainant for the both Criminal Cases I will be called at any time to attend the S.R.No Case. My advocate suggested that my presence is mandatory for Criminal Case and he will be called for Civil Case which is in Hon’ble Addl Civil Court on the same day and he will be attended. But Hon’ble Addl District Civil Court called me but not my advocate and treated me as an ex-parte for hearing as a respondent for which Vakalath, Caveat Petition and counter Affidavit filed. .
I filed a petition under Order 9 Rule 7 with 151 cpc by citing the valuable reasons for that my absent was accidental but not intentional to avoid the presence in Hon’ble Addl District Civil Court and also I have given the Caveat Number & Vakalath Details for which I.A. No. not allotted for Plaintiff / Petitioner and not contested by Plaintiff / Petitioner but Hon’ble Addl Civil Court treated me as an ex-parte for hearing though that this Hon’ble Civil Court awaiting reports from Lower Court since long back.
So, please give your valuable suggestions on the above same and what I have to do for further proceedings.
I am beseeching your positive and speedy respond in this regard.
Thanks & Regards,