Plaintiff evidence
tagoretiwari
(Querist) 09 February 2015
This query is : Resolved
Hello experts
One fellow was filed a case against me
with the help of forged signature and non existent agreemnt of sale. the plaintiff evidence is not forthcoming and the court is adjourning from time to time. on an observation of e court dist. portal, i observe that it is showing memo filed and amount paid. i intend to know what remedy is available to me to get the case dismissed. i know very well he do not have any evidence. he approached with unclean hands to take money from me. i am working as a senior banker and i could not meet my adv. frequently. taking advange ofl the situation, the case has been adjourned from time to time. my lawyer is senior advocate, i am not in a position to bring external pressure on him. at this junctture, i dediced once again to request him to move an appplication to the court for closure of plaintiff evidence. is there any other method is there. under what civil procedure rules permit the court to postopone the case from time to time i.e. every 15 days. is it inherent powers of the court or the inefficiency of my advocate. how can i act under this cirrcumstances. is there any provision to file an application to the court before hearing date by me or i will request the advocate once again. what is the code of conduct applicable to lawyers. whether i can go for writ of mandamus if any fault lies with judge.
pl provide me a valuable solution for this problem. i wanted to dispose the land to somebody, who is ready to take by paying substantial amount as advance. his unwanted suit is comning in the way of my discharrgingower ship rights.
pl clarify sir
P. Venu
(Expert) 09 February 2015
Your profile reveals that you are raising problems piecemeal - on part of the problem is highlighted and information provided has been incomplete.
Rajendra K Goyal
(Expert) 09 February 2015
If not satisfied with your lawyer you can change. Property under dispute, if no stay granted can be sold, but may not bring desired consideration.
ajay sethi
(Expert) 09 February 2015
you should change your lawyer if he does not appear in court when case is on baord
Dr J C Vashista
(Expert) 10 February 2015
I agree with experts, change your lawyer.
T. Kalaiselvan, Advocate
(Expert) 11 February 2015
Being senior advocate, your lawyer will be pressurised with plenty of cases, so it becomes your duty to consult or meet him one day prior to the hearing and discuss about the case with him, if you are not taking interest to meet your advocate, why do you put blames on him. After all it is your case so you should show interest to discuss the matter with the advocate instead of putting blames all around including the judge.
Biswanath Roy
(Expert) 13 February 2015
Senior Advocates are very much sincere to their services. A Senior Advocate has 3-4 Junior Advocates to assist him and a clerk who are taking care to the cases of their Senior. So, you contact the Juniors and the clerk to accellerate your case to an end. If you have no time to take care of your case YOU MAY APPOINT A PERSON WHO KNOWS THE FACTS OF YOUR CASE AS YOUR EMPOWERED ATTORNEY by giving him a registered power of attorney for the purpose.
