Not obeying the order of the court
Girish Puranik
(Querist) 11 June 2015
This query is : Resolved
Dear Sir,
My father and My Uncle are the defendant in one civil suit. My Uncle expired in near past and hence my father had applied in court to remove his name as defendant.
Honorable court had ordered the applicant on 30.01.2015 to remove the name of the 2nd defendant (My Uncle) and make the necessary corrections in the suit.
But, till date, the applicant had not made the corrections in the suit.
What shall we do..
Can this be treated as contempt of the court and on this ground can we request Honorable Judge to dismiss the suit of the applicant. If yes, under which section. You may also provide the reference of any case law if you have.
Please advice urgently.
Regards,
Girish
R.K Nanda
(Expert) 11 June 2015
it is not contempt of court and court will not dismiss the case.
Girish Puranik
(Querist) 11 June 2015
Thanks you very much sir for your reply. Also please advice what shall we do now. Almost 4-5 dates has been passed but the applicant is not appearing in the court.
The next step is "Hearing on the application for stay order" I understand, it's called Exhibit 5.
Can we proceed for the same ? As such, we have no issue if the applicant does not make the correction in the suit as ordered by the court.
Please advice.
Rajendra K Goyal
(Expert) 11 June 2015
What type of suit is this? Full case file has to be referred, consult your lawyer who is well aware of case file and the proceedings.
If plaintiff side is not appearing prey court to dismiss the suit.
Girish Puranik
(Querist) 16 June 2015
It's a Civil Suit and the applicant is asking for easement right towards his east side where we do have open land of our ownership.
The applicants forefather had also signed an agreement with us stating that the Applicant or his legal hairs will not raise any objection, if we (defendant) construct the property and because of that windows will get closed.
Now, he want's that right permanently and have filed a suit against my father and my uncle.
Out of which, my uncle expired in recent past.
Hence, we have requested honorable court to delete his name as defendant.
Honorable court also had order the applicant to do so on 30.01.2015. But, the applicant has not done the same till date.
I am also of the same opinion that the suit should get dismissed as the applicant is not obeying the order of the honorable court.
Can you please refer under which section this can be done ?
Please help..
seshadri dubey
(Expert) 06 August 2015
see under order 22 rule 4 it is the duty of the plaintiff to substitute the names of the deceased person within 90 days from the date of knowledge,
why are jumping voluntarily to rectify the mistake of the plaintiff....let his case be weak ....
Girish Puranik
(Querist) 20 July 2016
Thanks for all the advice in the past..
One more advice required.
Actually I am a defendant.
The original prayer is for the easement of Light and Air..
Framing of issue has been done in August 2015 and the case is now posted for Trial. What I could understand is now the applicant need to submit the necessary evidences & documents with respect to the Issue framed.
Now, instead of submitting the evidences & documents, the applicant had submitted the application for the amendment in the original suite & prayer.
As mentioned above, the original prayer was for the easement of light & air and he wants to amend the same for the way in & out over and above the easement for light & air.
We have a submission that the Applicant cannot amend the prayer when the case is there at trial stage and the application made by the applicant should be rejected.
The application is pending for judgement since last 12 months for one or another reason.
Kindly advice for the necessary action..
Can applicant amend the prayer as mentioned above ?
if yes.. then on what ground..
If no.. than on what ground..
Please advice..
Regards,
Girish Puranik
