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MahendraKumar.H.Trivedi (Valuer)     14 November 2018

Status quo 39 2a

Respected Xperts In a declaration suit I am defendant and when suit was filed plaintiffs also applied for status quo / stay under 39 2a but same was heard after six months of application and status quo was granted till the suit is disposed after six months of application. Neither my lawyer nor plaintiffs ever informed of the stay/status quo, nor I ever knew when it came up for hearing due to nexus with my lawyer. Now after several years after the actual trial began plaintiffs have filed contempt application demanding my civil imprisonment etc. As the main suit is not tenable/ very weak, plaintiffs got a shot in the arm to bully me on contempt issue. My query is if status quo was granted after six months of application, was it not required of the plaintiffs to inform me of the status quo on suit property? Identity hidden to keep it confidential from the lawyer. Also in online case status the said stay order is not attached. Please advise and give your kind views. Thanks and regards


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 7 Replies

Suri.Sravan Kumar (senior)     14 November 2018

when you have engaged an Advocate to defend you in the suit, it is your duty to ascertain the proceedings of the case regularly.  you can check the proceedings even on the website now adays. When you are represented by an Advocate it is not duty of the Plaintiff to inform you about the stay/status quo. Since the contemt petition is filed by the Plaintiff you have every right to file counter and oppose the petition through your lawyer. Kindly act as per the advice of your counsel.

MahendraKumar.H.Trivedi (Valuer)     14 November 2018

Sir Suit was filed, trial had not begun. There was no website then.

MahendraKumar.H.Trivedi (Valuer)     14 November 2018

Sir Suit was filed, trial had not begun. There was no website then.

MahendraKumar.H.Trivedi (Valuer)     14 November 2018

Sir Suit was filed, trial had not begun. There was no website then.

Suri.Sravan Kumar (senior)     14 November 2018

you have to blame yourself for your lapses and you cannot blame your counsel for it.

Suri.Sravan Kumar (senior)     14 November 2018

you can take plea that client should not suffer on account of the lapses of the counsel.

MahendraKumar.H.Trivedi (Valuer)     14 November 2018

Thanks sir

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