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Dipakkumar J Shah (Proprietor)     24 June 2012

Wrong affidavit filed

In my one of the case of Civil Suit , Long time back filed. Reply to Notice of motion filed by respondent. Final hearing of Civil Suit took place and decided very wrong way. Now I am in USA . The reply to notice of motion was filed without serviving the same to me at all. It was on record filed by Respondent Advocate , I personally always attend as Party in Person., by a letter that my Advocate did not find in court compound !!!!!. It was accepted and decided and dsimissed in my absence. As on record now the same letter is not on record.!!!!!!! 

              It was claimed in reply that I did receive Dividend and encashed it and paid to y account. !! This affidavit was totally wrong. Further to , it was a case of Illegal Payment of Dividend , out of capital, nerver happened in 140 years world over!!!!!!!!!! The contention in reply was also totally fake and far a way from actual fact in accounts and case.

This dismissal was totally wrong. Having decided the Civil Suit , dismissed wrongly all the through. Can I file again appeal for upon fotting of Natural Justice  and wrong affidavit and wrong process under  Civil Procedure Code now after 19 years?

 I can not write in my words. But what had happened you all may Guess and know!!!!!!!!!
Please guide Mr. Shethi or any any body.

Thanks in advance,

Shah D J
 

djshah1944@yahoo.co.

and

djshah1944@gmail.com



Learning

 4 Replies

Ajit Singh Cheema (practising Advocate)     25 June 2012

The Indian Limitation Act deals with the Law of Prescripttion as well as Law of Limitation.A law of prescripttion prescribes the period at the expiry of which not only the judicial remedy is barred but a substantive right is acquired or extinguished. A law of Limitation limits the time after which a suit or other proceeding cannot be maintained in a court of justice.

Dipakkumar J Shah (Proprietor)     25 June 2012

The most important thing is that no body has got right to play with the process of law. The copy od reply in NM was not served upon to me. I have read a case law recetnly that if there is sometning wrong done in process of law you have right to challenge and wrong process adopted is abuse of law. It can not be accepted in any case.

I hope you must appreciate this thing. It is not only this but total wrong adoption in accounts. One way credit entry of ficititous profit not received in cash. Included in profit , distributed dividend out of the same profit. Furhter no where this juglary was memntioned. In court process , hid material fact , the same auditor excluded the same profit in Tax Audit Report  U/s 44AB !!!!!!!!!!! The company claimed in NM reply worngly that the expenses could not be adjusted and all.  But from some documents submitted by external person in Amalgamation petition Official Liquidators report to Hon. High Court  it was submitted. Such hid of material fact is allowed by any court during the court process for years to gather? Not only this this document was submitted in 1996 in Hon. Hiigh Court process. At lower court in process of Civil Suit when demanded not produced by repsondent !!!!!!!!!!!!!!!

Reply.

Shah D J
USA

Dipakkumar J Shah (Proprietor)     13 July 2012

When a proper procedure as required under Civil Procedure Code . serving notice to other party to suit , may be plaintiff / defendent , not served at all !! Is advocate in default to professional ethics ? Filed without serving to other party? NM dismissed by JUDGE!!!!!!!!

What one should do ?

Dipakkumar J Shah (Proprietor)     15 August 2012

I know law of limitation is there. But Natural Justice is there. To avoid any furhter process Advocate Act against the provisions of Civil Procedure code then what !! Is it permissible in the name of  Justice and Limitation A ct. further to this when N M was rejected for interim stay , I went to file Appeal From Order. Hon. Justice in open court rejected and said as dismissed only. The order was not dictated for about one month. I applied for certified copy. It was for 20 days and more not ready. I was prompted by Office of Certified copy to withdraw my application for certified copy in the name that they have to follow within 15 days. When in open court Before The Then Hon. Justice who rejected , dismissed my AO, asked about non availability of copy of order. Said to me that it may take months!!! What to do n this case!!!!!!!!!! Natural Justice !!!!! When I filed Letters Patent Appeal it was rejected on time basis!!! I told in open court to ask to report  facts by office in Court.....


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