Limitation for c.r.p. in i.a. judgement & order
M Satyanarayana
(Querist) 14 June 2012
This query is : Resolved
Sir,
I have filed final proceedings and appointment of advocate commission for partition by metes and bound. I got 2/3rd share and my sister got 1/3rd share. My sister family made attempt to murder on me which is pending in the criminal court. My sister filed unregistered and unstamped relinquishment deed in the trial court for receiving the documents. I objected the same which were hit by Sections in Registration Act and Stamps Duty Act. While so I filed for appointment of advocate commission by filing I.A. the Hon'ble court allowed the unregistered deed and also allowed appointing advocate commission by relegating the documents to be considered at the time of final decree and objections can be raised at the time of final decree. Immediately I approached the Hon'ble High Court there the Hon'ble High court have not interefered with the order of the lower court in my Sister I.A. and confirmed the objections can be raised at the time of final decree. The lower court appointed advocate commission.
While so my sister waiting for nearly 5 months approached the high court by filing CRP in I.A. for appointment of advocate commission by filing additional evidence for refraining from executing advocate commission. Further the Hon'ble High Court order for completing the final decree proceedings within 3 months.
The question is when the primary documents are held in lower court my sister ought to have filed the same evidence in lower court. What is limitation for filing of C.R.P. in I.A. How many times a person can file additional documents in the court.
If on flimsy grounds and harassement when I am going to get justice already I have contested the case for partition for 17 years still I am not getting my legitimate share in my mother's property.
What are the options for me to get my share in my mother's property. Please advise and guide.
Thank you,
M.S.N.
Adv.R.P.Chugh
(Expert) 14 June 2012
New Evidence can not be brought after passing of preliminary decree generally. However in extreme circumstances courts have allowed such things in exercise of power u/s 151 CPC, if such documents could not have been brought earlier with due diligence and are material to the controversy.
Ajay Bansal
(Expert) 14 June 2012
File a petition in High Court for a direction of concluding of trail in lower court within a specific period.
Shonee Kapoor
(Expert) 16 June 2012
Agree with Ld. Bharat.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
