Appellant side argument
Balaji Bakthavathsal
(Querist) 23 June 2017
This query is : Resolved
Dear Learned Lawyers,
Against the lower court judgment / decree, a fraudulent respondent made an appeal suit in the next appellate court and dragged the appeal suit for more than a year. It is just to drag on the suit and the advocate engaged by him did not appear in the court though the court called for appellant side argument. When the last chance was given by the court, the appellant changed the vakkalat and sought for extension of time. What is the way out in our legal system to come out of such vexatious issues ?
Thanks & Regards
Balaji
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 June 2017
Request your lawyer to press strongly for taking adjournments repeatedly by one reason or the other. Proceedings will start
Rajendra K Goyal
(Expert) 23 June 2017
Ask your lawyer to prey the court to slap heavy penalty on opposite party and prey to proceed ex-party.
Kumar Doab
(Expert) 24 June 2017
Agreed with experts.
Dr J C Vashista
(Expert) 25 June 2017
The appeal can be decided ex-parte, if you insist upon the Court with facts and figures.
It is you (as the counsel) to be blamed for agreeing with the Court for grant of adjournment, adjournment and un-ending adjournment.
P. Venu
(Expert) 25 June 2017
What do you by the term "fraudulent respondent"?
Balaji Bakthavathsal
(Querist) 28 June 2017
I sincerely thank all the lawyers who have taken pains in answering to my query.
For kind attention of Mr. P.Venu : Sir, I mentioned fraudulent respondent instead of unscrupulous respondent. Yet I feel that there is nothing wrong in calling him as fraudulent respondent because he is a fraudulent person. It is a big story to explain his fraudulent deeds. However, to be honest, let me tell you one of the fraudulent action did by him. He is a power agent who got GPA from a person who is not at all a title holder. By your name, I guess tha you are from Tamil Nadu and if it is so, you might be knowing how it is possible and all. Well, even after the cancellation of the GPA, he registered the Sale Deed of my property. If you wonder how it could be, then I have to tell you the full story and I feel that this is not the right place to tell the complete story.
P. Venu
(Expert) 28 June 2017
I am from Kerala and practicing at Kerala (Vaikom)
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 June 2017
Your story has many loop holes. It is easy to blame and name any person as fraudulent but you can not prove it.
Coming to your story, you say that GPA was cancelled and thereafter sale deed was registered. So at first place GPA was given. Now you have to prove it was communicated to other side which is not so easy as you think.And if there is any clause of irrevocable POA than you have to explain its revocation by evidence in court , mere statement will no do.
Balaji Bakthavathsal
(Querist) 29 June 2017
Dear Mr. Defense Advocate,
The loop holes are not in my story but in our legal system. I understand that the GPA can be cancelled by the principal without prior notice. I have proof to prove that the respondent is a fraudulent person. While doing the Sale Deed Registration, it is clearly mentioned in the documents that the GPA has been cancelled and it is mentioned in the EC. My doubt is that is it not absurd on the part of the judge to simply adjourn the case when the appellant advocate is continuously absenting in attending the case ?
