LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aditi (d)     17 May 2011

Fathehgarh Sahib (PB),

Hello ,

My husband has send a registered letter from ADD.DIST.&SESSIONS JUDGE  , FATEHGARH SAHIB , HM ACT written on top of the envelope ,but he made a clever move by not sending me any other details ,other then the below given :

my husband name V/S my name

my address

 

We are looking for someone who can  help us to get the details out of the Fatehgarh Sahib court by tomorrow evening i.e ( 18/05/11) ..

We are ready to bear the reasonable monetery expenditure .

Please let us have your contact number if you are interested .

Regards

Aditi



Learning

 10 Replies

Tajobsindia (Senior Partner )     17 May 2011

@ Author

1.
If it is a RPAD Envelop then it is stamped as per "weight."
2. If you say it contains only parties name and your address then tell readers here what is the value of the Postal Stamp? Reason being if you say that you received an empty envelop then he can always show the receipt of the RPAD where the value of the RP is mentioned and it is first weighed to value the same. The weight of the suit papers he will produce before Court to dismiss your stand that the envelop that you received was empty!
3. Further if you are interested to defend your side against the said suit and have received an empty envelop then on the date of hearing you can always ask for plaint copy and time to file w/s - reply - counter.
4. Only vakalatnama signed ld. Advocate can see his case file in the concerned court and at such short notice I doubt legally any ld. Advocate without vakalatnama and on top in the absence of full parties name / court details can forthcoming to help you.


 


(Guest)

@Aditi

Agree with taji advise.

If you are interested to defend your side against the said suit and have received an empty envelop then on the date of hearing you can always ask for plaint copy and time to file w/s - reply - counter.

Aditi (d)     17 May 2011

Hello TajobsIndia and Kushan Vyas ,

Thank you for your reply ,

 

The envelope has a piece of paper inside which has a hand written and a photocopy with the below details:

 

my husband name V/S my name

my address

15/06/11

and is signed by : READER 

                             ADD. DISTT. & SESSIONS JUDGE 

                            FATEHGARH SAHIB

Nothing other then these details are inside

 

Outside on the envelope :

REGISTERED LETTER

COST OF ENVELOPE 50 PAISE

MY ADDRESS

STAMP OF : PRIYA SOOD

                       ADD. DISTT. & SESSIONS JUDGE

                        FATEHGARH SAHIB

ON TOP IT ALSO HAS : My husband's name V/S My name

15/06/2011    HM ACT   

 

Nothing more and nothing less is written ........

 

Secondly I  will give all the details with the fax copy to the person who can help us to get the details from the court ...

 

Hope to get a solution soon

Regards

Aditi   

 

1 Like

(Guest)

@ aditi

Then dont worry

Generally if a letter from the court or summons it contains name ,address ,case number ,also directing that you should be present on such date with an objet to give reply or defence with or without an advocate ,at that time you can also give an application that i will next time hire an advocate ,so next time you have to present with an advocate.

If the above  info. not given then its not a summons .So, dont worry.

galsober@yahoo.co.in (def)     18 May 2011

U say "15-06-11" written on it, but this date is far away??

Jamai Of Law (propra)     18 May 2011

At least you should have received the summons page which tells you ....

Court no, district, case number/year and next hearing date!!!

 

And actually a copy of petition also.

 

There is a main register wherein each and every petition filed by parties are recorded.

 

Get an assistance of a advocate or ... if you know the place just directly go there and ask the registrar to see that register.

 

 

Check that register page by page for last four months or so. you will get the case number also!!!

 

 

Otherwise go to principle judge over there and dash in narrate it politely and you will be answered !!

 

Judiciary and Law is same for illiterate as well as literates.

 

Don't create unnecesssary barriers around you that you won't get any help or you wont get info on your own.

 

 

There is also a public information officer to help.

 

You don't have to worry about anything.

 

Unless you try to avoid (no point to avoid which inevitable and someday one has to be there) nothing happens keeping one party in dark or other party plays fraud on opposite party and wins the ex-parte order.

 

Dash in here directly and show them that this was the paper which was inside the envelop!!!

 

Get an appointment of even the district judge ................

 

I have seen many lawyers (especially jo judge ko chaatne mein mahir hai!!) who go frequently to meet the judges in cabin.

 

Unless you go there and ask nobody would help you.

 

 

 

 

Summons served alongwith the copy of the petition and summons apage.

Jamai Of Law (propra)     18 May 2011

Even though the date was ( 18/05/11) don't get excited...or nervous

 

But ensure atleast you reach there quickly on next day atleast or within couple of days.

 

 

There is procedure or standard petition which is available as a standard text...

 which says that .... I am so and so .... I want to take the matter on today's board for emergency purpose.... for the reasons that..... etc etc etc And please my matter be heard today etc

 

 

At the max your matter may be set up for ex-parte board on the next hearing....

 

 

But do not waste the time!! Go there dirctly on 19th or 20th also

And enquire it there competely.

 

 

And even though it is set for exparte or exparte already ordered, if it is prayed within time limit to set aside ex-arte order... it is allowed also ...................... court is very considerate to set-aside ex-parte order exeially is the respodetn is a female in matrimonial matter.

 

 

Post your queries on this forum.... We would try to help whatever ay possible.

 

 

 

 

 

 

 

 

 

 

Tajobsindia (Senior Partner )     18 May 2011

 @ Jamai of Law

1.
I would suggest you to read twice your writing before hitting send button. You are using quite derogatory words against we Lawyers. You may have personal issues with some but that does not mean that if any of us visit for official purpose a ld. Judges chamber be it even a Ld. Judges has called us to meet for official purpose you shall use such harsh wordings in public platforms. Not all apples are rotten and because of some good once litigant like you may get desired Justice otherwise we both know how to traverse the long tunnel of Law and we may take you to that unbeaten path if over confidence showeth.


2. This lady's NDOH is 15-06-2011 and in very first post she mistakenly wrote a wrong NDOH and suggestion were given which is enough to follow. And secondly I really want to know from your general public experience do you think what you wrote as reply / advise the Judges are going to entertain this lady for? I mean look at the first experience of a litigant and visualise how scared a litigant is on very first date and then try to make your replies accordingly.


If you mind my above piece of brotherly advise it is your short change not mine. I do enjoy your postings as they are quite substance filled but this one I mind since you are using derogatory words against we the Lawyers i na generic way and this platform from which you are given opportunity to interact with us. Respect the platform first and even if you have to make a mark select the bad beans from the froth then target not make a generic statement engulfing all into same shadow.  


God bless you. 

1 Like

Jamai Of Law (propra)     18 May 2011

Tajobsindia ji,

 

Firstly I sincerely regret and apologise for the inconvenience caused ......but .........

 

I wrote   "especially jo ..........."

 Which suggests .... "Only those types .......".

 

 

I have written good things also...... above I wrote "court is very considerate ......." 

 

 

Hence it is in no ways paniting the whole with same brush.

Bad apples are everywhere in every walk of life.

 

 

 

I sincerely feel that, it would not be appropriate to make out more than necessary from what I intended to say!

Even lawyers are suffering from such tendencies. One black sheep is enough to a bad name to whole community sometimes.

Who suffers then?.............

 

 

 

I have witnessed a young lawyer completely taken over by a team of senior lawyers, during hearing, to the extent that he his voice was shut by the hon court .... and injuction wasn't granted at the end ............ Why? the so called senior lawyer could exercise the influence.

 

 

 

Migration in India is a reality. People need to travel across regions. An investor in Bangalore come to Noida  .........  or vice a versa  ... and unfortunately has to get into litigation.

If He brings his lawyer from his place.... and what that lawyer goes through in the new location (within india)? ............... There are many untold and unsurfaced stories!!!

 

 

 

Another case last year  .........  a defendent lady from punjab alongwith her lawyer from there appearing in front of Family Court in MH,

They were sent back . why?

On previous hearing the bench clerk told some different date (20th or 28th of month!!) than what was wriiten laterwards on daily diary!!! The local lawyer of husband standing there immediately opposed it saying that .. Clerk was right!!.... But then why that Local Lawyer also was present that day? in that Court especially carrying the same case file pages?

 

 

I disliked it frankly.

Tajobsindia (Senior Partner )     19 May 2011

@ Jamai of law

Accepted ! I admire your pace since having read your very first post dozen of months back till this one, man you have traveled a very long and love to share Irish Cofffee with Bagles at Wich Latte that is at Western Breeze Building, Opposite Cusrow Baug, Coloba (ever been there man!) one of these days once I am in Mumbai. I still have old ties left there.


Cheers...............

(Personal note other readers may ignore)

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register