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please advice

(Querist) 10 May 2011 This query is : Resolved 
In a family court civil case the judge of the said court in a divorce case told the petitioner (plaintiff) on argument date that the date is fixed for judgment but actually the date was for argument and 3 dates were already had expired. Now the next date is for necessary order. Although the judge in his order sheet written that the date(s) were for Argument. But misguided the innocent petitioner. Is there any relief for the petitioner in such situation. His wish is that he wants to argue in this case and from his side no adjournment petition in this suit is till filled. He wants to adjourn this date. In next date he wants to argue.
Is section 148 of C.P.C is applicable in such situation???
If there is any citation or ruling on this matter please provide.
Thank you.
Nirupom Dutta.
Devajyoti Barman (Expert) 10 May 2011
Full details of the case would hae been helpful.
If the judgement is reluctant to fix any further date for argument then file wrtitten argument.
Guest (Expert) 11 May 2011
Probably you and your advocate would have put signatures on the order sheet without reading the contents of the order sheet. Anyway, you may now follow the procedure suggested by Mr. Devajyoti Barman.
M/s. Y-not legal services (Expert) 11 May 2011
Are per your words earlierly no one adjournment petitions were filed.. Then no problem.. You can file a petition for adjournment.. Petition only enough. Affidavit also not compulsory. You may ask to dispense with for affidavit.


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