code of civil procedure
Adinath@Avinash Patil
(Querist) 09 August 2009
This query is : Resolved
A filed Misc.civil application for restoration of civil suit.Thereafter notice of application served on some opponents and some opponenents unseved because of they died but due to negligence of concerned cleark of cout and bailif and joing hands with applicants the report of above notice not submitted in proceeding.thereafter one year one of opponant filed application in said proceeding that applicant is not taking steps hence matter procced further.hereafter year oneconcerned cleark subitted bailifs report in said proceeding.Is concerned ceark&bailif liable there negligence.whether application abaited against dead opponents.
Y V Vishweshwar Rao
(Expert) 09 August 2009
1- 1-Petition to bring the Lrs on record to be filed along with petitions to 2- set aside abatement order and 3-to condone the delay in filign petitioons - on the grounds that the petitioner is not aware of the death & date of death and the Bailiff report is not kept on record by Clerk and there is no other infroamtion about the death of respondnet
2- A complaint may be filed befoere Dist Judge for taking action agaisnt the Clerk who intentionally kept the bailiff report aside - not made a note on the suit proceedigns regarding process report .
Kiran Kumar
(Expert) 09 August 2009
Mr. Rao is correct as usual.
PRAKASHCHANDRA MARU
(Expert) 09 August 2009
application should be given to the district judge so it will be remain on record that the some bad things happend with u and another thing is that it will be come on record the irregularities so it will help in the case for the improve case
Adinath@Avinash Patil
(Querist) 09 August 2009
wheter concerned cleark is liable face enquiry or he be punished.
Y V Vishweshwar Rao
(Expert) 10 August 2009
Teh Enquri & Punishment- on/to Clerk - depends on the the act of intentional suppression and its proof !
ANTHONY REDDY
(Expert) 10 August 2009
1. Whether court directs you to take steps as per the report of clerck. 2. According to you clerck did not put the report before the judge, so that judge did not order for steps. However after knowing this you mention in your affidavit and file before the court what are the orders given by judge in all dates. You also file a petition bringing the LRs. on record by filing a delay petition under section 5 of limitation Act. If you show sufficient cause that how you prevented to file a petition to bring the LRs. the petition may be allowed.
