I need help and advice
Bharti Thakkar
(Querist) 15 June 2008
This query is : Resolved
Dear Sir,
My father expire in 1995, after a death of my father my younger brother open bank locker of my mother and remove valuable jewelery etc.
After death of my father he fraudulently presented a forged document purporting to have been signed by the my deceased father and on the basis of such fales forged document he have got transfer a huge amount of Rs. 2.07 lakhs in his own account inbank of Baroda
I had personally submitted death certificate of my deceased father to the Branch manager, branch manager acknowledged the receipt of the death certificate below my copy of death certificate.
My younger brother has been prosecuted for offences under section 404, 409,420, 468, 471, rws 34 and 109 IPC in connection with fraudulent
Encashment of Cheque( torn 1/3 part of cheque when presented in CJM court) for Rs.207000/-Sttaf members of Bank of Baroda are also co-accused in the said case. Similarly
My younger brother has been prosecuted for offence under section 409 420 468 471 380 rws IPC in locker criminal case.
After death of my father my two younger brother refuge my mothers legal right and my legal right and my sisters legal right in my father s property.
I had file 12 to 15 civil and criminal cases pending in court from last 11 years but no progress in my cases .my advocate have no interest in cases .so please advice what can I do please give advice and i need help
Srinivas.B.S.S.T
(Expert) 15 June 2008
1st thing you must bear in your mind that due to the heavy volume of work load the civil cases tends to prolong. you have not mentioned whether you have made your mother also as a party in your civil suits along with you. If you have showed her also as a co-plaintiff, ofcourse which is a must. You can address a letter to the District Judge to transfer the case to fasttracc court, in such an event you can get a fast disposal of the cases. If you have further doubts you are at liberty to ask.
J K Agrawal
(Expert) 15 June 2008
To contest a civil suit is an art work. Just ask your advocate the reason for each adjournment,(I know he has no answer with him). Personally attend each date and try to complete all necessary work such service of summons, submission of documents etc. Do not let your advocate to take adjournment just for request of other side advocate. Every application, reply or arguments should prepared well in advance. Try to avoid reply to frivolous applications of opposite party and if you have confidence direct argue the applications on the same day they are presented. Do not object small applications like application of set exparte aside, application to take documents on record, application to take LR on record or application to amend pleadings. All these take a full time and result is always liberal. Finally contest the case without tension and without the hope of 100% success because how perfect your case may be, the success is not guaranteed. Just think that Banks while granting a Loan gets around 50 signatures and security and guarantor and signatures on even blank papers even yet they looses their case and come to settlement when the dispute goes to Court.
