cpc

worst face of our judiciary.

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2 days before, I see worst face of judiciary.   Supreme court ask trial court to finish my case in 6 months 2.5 years before.

My 498a is on final order. More then 6 years and 90 dates.(25-30 working, rest non working with almost 25 days judge on leave, and 25-30 unnecessary adjournments. )

On last date, on 31 jan. 2017, Judge did not gave order and says she is too busy hence adjourned for 8 feb. She wrote in ordersheet, "2 pm. More then 100cases today. Too busy.  On last date complainant come and says she want to give clearification. Complainant did not appear even after repeated calls."

Then I heard that judge got transfered.
I filed application to preponment the date and gave order before leaving this court. That day is her last day in my court.

Judge says that she has to send notice to OP.

I Says it's on final order hence OP not required.

But the judge says on last hearing OP come and says they want to give clarification.

I said they are not present on last date.

Judge says they come after you leave.

I says she come on 2nd last date. Not on last date.  I am here since 4 pm. When did she come ?

Judge start shouting, "They come on last date. "

When I ask to see last order in file. She refuse and ask to file inspection . She did not allow me see file which clearly shows that she is lying.

When I force judge start misbehaving. तू तू करके बोलने लगी।
 

The judge is lying .  I cannot understand when complainant come when I leave at 4 pm ? Also did judge listen at any time complainant wish ?

Finding no use of noticing OP , I withdraw my app.  She has no intension to give order.
 
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N.A

You did huge mistake by arguing necessarily.

Now what she has written in her ordersheet?

Have you checked ?

 

 
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N.A

If there is nothing adverse against you, then be patient and wait......

 
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Retired employee.

Blame yourself and curse God, if you believe HIM, as going ot Court is going to hell during life time.  Have patience and meditate, this is the only advice any one can give on litigation matters.

 
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Lawyer, Scholar

From what I'm going to post, you'll probably feel its easy to give advise without feeling for the person who has faced trouble, but I guess since you have posted this, I might as well give you a frank opinion.

Its undeniable that justice dispensing mechanism is rotten and I truly feel sorry for people left at the mercy of judicial officers as well as Court staff. Having said that, confronting a Judge is probably the worst thing to do. We, as professionals may do it, some lawyers even successfully browbeat judges; but that is extremely foolish coming from a professional as the Judge makes it a point to take it out on the client who ultimately suffers. As a party in person, arguing with a Judge is worse; practically crossing the lakshmanrekha, the 'red line'.

Your mistakes: A preponement Application - nothing ever ever happens on preponement Applications, unless there are some extremly pressing grounds that a delay will completely frustrate all the relief sought itself, making further proceedings infructuous. Second, you are not entitled to see Court record across the Bench when you wish. The Judge is in the right if she refuses you  such access to the file and suggests you formally inspect the file instead. Third, for the purpose of putting the other side to notice, it is immaterial if the Application is only seeking preponement; it is a matter of very basic tenet of judicial standards that no Application can be considered unless the other party has been given a notice and opportunity of being heard. Also, a Judge being transferred is under no obligation whatsoever to wind up matters part heard before him.

So far as  तू तड़ाक  is concerned, yes, she was being a b*tch I'd say; no judicial officer ever talks like that to a party, howsoever his patience may be tested ... they raise their voice, throw the file and such tantrums, but never speak like a rustic illiterate...all I can say on that is, bad luck :(

Now that the Judge is transferred, you can have hopes of fair treatment from a successor Court.

 
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