Documents robbed from the court
SHIESTA007
(Querist) 24 February 2013
This query is : Resolved
Dear Team,
BRIEF stages of the case:
1. plaintiff filed suit for declaration and damages. The plaintiff has asked relief for cancellation of the fraudulent gpa and subsequent sale deeds.
2. the plaintiff has filed the original documents and has got it marked in the court.
3. the defendant no - 4 is a contesting party to the case and she has produced the documents of her original sale deeds . but she never stepped in the witness box for marking the documents.
4. Meanwhile when the plaintiff;s evidence is over, and when it is her turn to step into the witness box with deep criminal conspiracy she sold away the property in the pendency of writ petition and suit.
5. Now the defendant no. 4 who has sold the property to def- 5 , had to give her original sale deeds to def no 5. she has given the document to defendant no 5, is been confirmed when the defendant no. 5 stepped into the witness box and led his evidence. def- 5 had produced one sub register document who has availed the loan from bank during the pending suits, in which there is list of title deeds and other documents which are in original submitted to the bank. now the date where the certified copy of the original is there is 2 sept 2010. while availing the loan the documents which had to be given original are even the mother deeds. i.e., the saledeeds of the defendant no. 4. The def no. 5 admits that the original documents of def no. 4 were with him.
6 . But now the point is the def no 4 who has given the sale deeds to def no. 5 was already present in the court which was original, till 29 oct 2010. when the def no 4 had filed the application for returning the document of sale deeds, which she had produced , immediately the plaintiff has filed objections for not returning the document.
but the court ordered to give away the doucment. while taking away the document the advocate has taken away the document. the client did not come and take away the document.
5. till now the defendant no 4 has never entered the witness box for her say.
(A) Now my query put to you is whether the plaintiff can file a writ petition against the defendants for robbing the documents which were present before the court.
Because one can very well understand that something has cooked up very well silently that the documents are out of the court prior to the judge orders.
(B) Even if i have the provision to move writ petition , then whom should i make the parties?
(C) Can i proceed with making the advocate for defendant no 4 as the party ?
(D) what relief can be claimed against the defendants?
I thank in advance for the team who will answer my query.
Anirudh
(Expert) 24 February 2013
How you are concerned with the case since you are a student?
Devajyoti Barman
(Expert) 24 February 2013
academic queries are not entertained here.
ajay sethi
(Expert) 24 February 2013
academic query no reply
R.K Nanda
(Expert) 24 February 2013
academic query.
SHIESTA007
(Querist) 24 February 2013
Team,
I am the plaintiff in the case and i still don't understand why all of you have answered as academic interest.
prabhakar singh
(Expert) 24 February 2013
A.&B NO!writ does not lie.Documents were in court's custody,it needs to set an enquiry,and reconstruction.Only if it refuses to do so,probably writ may lie in which court would also be a party.
C.No!He can be made a party.The court will lodge FIR against people involved after it's enquiry how the document got out of file without it's order?Courts' ministry is responsible,advocate might be an abettor.
D.An application should be moved in court alleging against all involved for an enquiry and lodging of an FIR.
