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Discharge application can be filed at first hearing

(Querist) 10 October 2014 This query is : Resolved 

Please guide me whether we can able to file the discharge application on first hearing as the matter has not heard yet.

It is a property matter where in sale has been cancelled with due notice for the failure of making the balance payment over 3 years though the property registered to the buyer to facilitate him to get housing loan,
he failed to obtain housing loan & refused to take back his Deposit & cancel the regn. He filed a private complaint with M.Magist court
matter not heard yet. pl guide my friend who is out on bail, as his lawyer is not guiding properly. Thanks
Anirudh (Expert) 10 October 2014
IF the lawyer is not guiding properly, better change the lawyer and handle the case. Without completely knowing the entire case, the documents available etc., it will not be possible to give any guidance.
Nagesh Narayan (Querist) 10 October 2014
It is just we want to know whether discharge application can be filed @ the time of Ist hearing. As matter is nt heard yet. Else we can goahed & file for discharge.
ajay sethi (Expert) 10 October 2014
advisable to contest case on merits .
G. ARAVINTHAN (Expert) 10 October 2014
of course, after receipt of charge sheet you can very well file application for discharge
Rajendra K Goyal (Expert) 10 October 2014
Without going through the case file not possible to give any advise. If your lawyer not cooperating / guiding change him.


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