Land matters
S.R.Venkatraman
(Querist) 19 September 2013
This query is : Resolved
In an injunction suit filed by me against two different people who were represented by the same lawyer -The Magistrate awarded joint trial in favour of the defendants request citing the reasons that the property contested by myself(the plaintiff) and the defendants is one and the same and that a joint trial would help speed up the case. Also, the counsel for both the defendants is one and the same - By taking advantage of this, the counsel for the defendant-II filed the documents of the defendant-II for defendant-I - Incidentally, the defendant-I never appeared in the court or submitted documents on her behalf - The magistrate was clearly influenced, and dismissed my injunction suit on very flimsy and frivolous grounds forcing me to go on appeal.
Even in the appeal court, the appeal was taken on joint basis- The defendant-I in my injunction suit never appeared for the appeal nor was she represented by her counsel - It took 2 1/2 years for the magistrate at the appeal court to grant me an Exparte order against the defendant-I and directed the defendant-II counsel for 'Arguments'.
My question is :
Whether an 'Ex-Parte' is granted in appeal in my favour / Whether the defendant - I is eligible for appeal for setting aside the court order.
What is the procedure adopted by courts in this circumstance?
Also, am I entitled for producing additional documents in evidence to prove that the documents submitted by defendant-II are bogus and false?(I have already submitted in the lower court that the documents of the defendant-II are bogus and fabricated) ?
Whether in an appeal, the defendant - II is entitled for taking time to commence the 'Argument' process - already nearly 11 years have been wasted over this.
Kindly guide me.
Thanks and many regards,
Venkat
Advocate Ramesh
(Expert) 19 September 2013
In an appeal there is no exparty judgement, The concern judge on merit of the case, they decide the matter.
S.R.Venkatraman
(Querist) 20 September 2013
Dear Mr.Ramesh,
While I remain very thankful to you for your opinion, I am not clear how the appeal will proceed because this is a joint appeal and also what will be order of the Magistrate in the appeal court in the case of Ist respondent who never appeared either in person or through his counsel. I would like to know whether the magistrate will direct for the 'arguments' or will give more time for the 2nd respondent's counsel.
I have already submitted in the lower court that the documents of the 2nd respondent are bogus and fabricated. I would like to know whether I am allowed to furnish more documentary evidences relating to the case which I obtained under R.T.I to prove that the documents of the 2nd respondent's are bogus and his submissions are false.
kindly advice.
Advocate Ramesh
(Expert) 23 September 2013
Joint appeal means what You only filed two appeals against two defendents, In one appeal the defendant 1 is not present. In another appeal the defendant council is present and he argued his case. In the first appeal, since the defendant is not present, even then you argue the case and on the basis of merit only the judge pronounced judgement.
