Regarding summary judgement
498A_HARRASED
(Querist) 11 February 2015
This query is : Resolved
My wife filed fraudulent affidavits in the MC and DVC cases. The details are in below link:
http://www.lawyersclubindia.com/experts/Submitting-fraudulent-affidavits--512061.asp
Today, District Judge told in open court that, he will give summary judgement if i submit a petition for dismissal of case... I'm arguing the case party-in-person..
Please let me know only the petition with verification is enough to submit in court for dismissal of case and also please let me know that any other thing to be submitted (i mean like if there is any format/petition for it)...
Devajyoti Barman
(Expert) 12 February 2015
Such petition must be supported by affidavit.
For format ask for local help.
Dr J C Vashista
(Expert) 12 February 2015
1. No, it has to be supported by affidavit.
2. What do you mean by "summary judgement?" just for the sake of enriching our knowledge.
ajay sethi
(Expert) 12 February 2015
contact local lawyer for formats
Rajendra K Goyal
(Expert) 12 February 2015
Petition should be supported by affidavits.
Formats not supplied.
498A_HARRASED
(Querist) 12 February 2015
Thanks Experts...I wanted the actual format...In the open court, Judge said he wanted all the arguments in court petition format with affixed 2 ruppees court fee stamp, as i gave it in letter format intentionally through post by copying CJ and principal district judge since he wasn't listening to me earlier...he didn't utter a word about the affidavit...
Summary Judgement is like trial based on the paper, evidence placed at stage before charges are framed...based on the paper/evidences of plainiff/defendant Judge will give his judgement... I argued charges can't be framed based on the waste paper i.e., fradulent affidavit and no genuine issue of material fact exists as all the alelgation are vague, general allowing such vague allegation is abuse of process of court/law... so, he agreed to give me summary judgement based on that ...
T. Kalaiselvan, Advocate
(Expert) 15 February 2015
You better reduce all your contention in writing in a format of affidavit and attach a petition to consider the affidavit and allow the petition, this will be enough, however, you may engage the services of a lawyer outside court to help you prepare the said petition and affidavit in case you are confused about it.
