Civil case doubt and also about lawyer
prabu
(Querist) 28 September 2011
This query is : Resolved
HI Everyone,
my father purchased a 3600sqft of property on 2003.In that property there are four persons (1)(2)(3)(4) occupied some part like 300sqft,200sqft,200sqft,500sqft.when my father was going to clear those persons (1)and(2),two of them came for compromise and also they cleared that area.
Then my father suit a civil case on that (3)(4)persons.
our previous owner of this property purchased this property under the court execution degree at 1969.
we are having proper documents and everything like.
1-court certificate for purchase
2-registration certificate
3-patta(or) sitta
The opposite party (3)and(4) not having any proper document.
but still the case has not come to the end.
they only enjoying that place.they do not allowing us to use that remaining areas.
now my father was expired last year.when i asking my lawyer about case he is telling case is in vaaitha,vaaitha (postponed)like that and if i ask anything he is telling u cannot understand if i explain.
* now what i want to do.shall i change the lawyer.if i want to change means how to choose.
* And i want to know about the case status.is there any option to know about the case.
* Can i forward this case to high court,to complete this case as soon as possible.
Shastri J.K.
(Expert) 28 September 2011
1-yoy take no objection & file from ur lawyer and contact with any other lawyer.if he not giving NOC u may file application for psrmition to ur change lawyer.
2-U can contact with concern cleck for the same.
3-it is depend on present situation of the case.
prabu
(Querist) 28 September 2011
dear sir very much thanks...
sir what is that PSRMITION to change lawyer.how to apply.is it possible a applicant can apply.
my father said to me our property original document may be in court or our lawyer may have.For that my father paid around 25000 for court fees.will they refund that amount when the case is ended.
he said it is in court
if i change my lawyer how can i get that documents.
ajay sethi
(Expert) 28 September 2011
where has your case beeen filed . if for instance it is filed in bombay high court you can log on to the site , find current status of the case , stage of the case , court orders passed .
if you wan to change lawyer you need his NOC . if he gives NOC then you cna enage another lawyer .
when court case is over court passes an order regarding refund of court fees if any .
prabu
(Querist) 28 September 2011
sir it is filed in district court.in district is there any online option to know the case status.
R.Ramachandran
(Expert) 28 September 2011
Dear Mr. Prabhu,
You have to do the following:
1. Talk to the existing lawyer, take time with him visit him and find out what is the next date in the case.
2. Also ascertain from him, what is expected to happen on the next date - whether any reply (written statement) has to be filed by the opposite party, or you have to give any rejoinder etc. etc.
3. Whether you Legal Representatives have been brought on record (this has to be done within 90 days of the death of your father) or not.
4. See the physical file your self. Note the Case No. and year, title of the case etc. so that even in future if there is any need, you will be able to state the Case No. properly.
5. Discuss with him how best to move the case forward etc. etc.
6. Only after coming to know the status, the views of your lawyer, then you should think about whether to change the lawyer or not.
You have to necessarily take time and do the above exercise to come to grip with the exact status of your case.
Sankaranarayanan
(Expert) 28 September 2011
yes i do agree with all experts. you follow accordingly
Raj Kumar Makkad
(Expert) 28 September 2011
I do agree with Ramachandran. It is better to talk with your earlier lawyer with some other knowledgeable friend or relative and retain him by paying some additional fee, if he desires so.
prabhakar singh
(Expert) 29 September 2011
Can you indicate the location of the court,state and district.
Are you sure that after death of your father a substitution application was moved to bring his legal representatives on the record,and your name is now on record in title,as pointed out by Mr.Ramachandran??This verification is quite must.
You first get the case file inspected by a lawyer of your confidence to check if substitution application has been moved by your lawyer,if yes what is the stage there of,order has been passed,if yes then has the same been incorporated in plaint title by your lawyer or not???? these are crucial
factors.If done,okay else you first need these to be done.the file will speak it self you need a change of your lawyer or not.
Your case in no circumstances be forwarded directly to high court.
INSPECTION OF FILE AS ADVISED BY ME IS A MUST FOR YOU.
prabu
(Querist) 29 September 2011
very much thanks sir..
I Will try as you said above....
Prasan
(Expert) 29 September 2011
even i agree with Prabhakar Singhji.
Sarwesh Chauhan
(Expert) 30 September 2011
You first ensure that legal representatives are taken record otherwise suit may get abated .Along with it you may apply for inspection of records and inspect record and know status yourself and will also come to know by going through past order sheets the progress of case and progress through each fixed date .
On going through order sheets it is found that the case being idle for no justifiable (which usually do not happen ) you may seek interference from High Court for early disposal .
Counsel can be changed by procuring no objection certificate from earlier counsel and then appointing new one .If earlier counsel refuses to give no objection then you may take leave of court ,that is file application before the court for change of counsel .
However if case is pending for the reason of incomplete service to party /LR's and for like reason change of counsel will hardly bring any relief so first inspect record in Court .
Guest
(Expert) 01 October 2011
I agree with Shri Ramachandran.
