Interim application rejected
Shanmugam Bobbiliraja
(Querist) 20 July 2018
This query is : Open
Namasakaram to all experts,
I had filed a memo apart from my main complaint in consumer court. The Opposite parties are 10 in total.
2 of them appeared through advocate and filed affidavits and objections.
but did not file written arguments. They told they will do oral arguments.
Rest of the 8 opposite parties have not appeared at all.
They have been declared exparte.
The memo I filed was taken as IA interim application. This IA filed 3 months back and served copy to OP 1 and 2 advocate. Memo filed and relief asked in memo was adressed to OP 3 to 10. The OP 1 and 2 advocate objected but soon realised that the memo relief i am asking from OP 3 to 10 and not to OP 1 and 2.
today after 3 months the jduge told that he has rejected the memo.
Where he should have passed exparte orders on memo, he has rejected the memo itself. Doing like this is lawful?
Now I want to know the following:
1. If orders are passed in my favor, and the claim that I have made in compensation shall be severally liable to be paid by all the opposite parties who were absent?
2. As 2 of the parties have filed objections and have not filed any document supporting their objections, what stand will the consumer forum take?
3. What the judge did was right or wrong? How can he reject the memo when none of the opposite parties have appeared before the forum?
Can I complain to NCDRC?
I need guidance.
Dr J C Vashista
(Expert) 21 July 2018
Your statement is, prima facie, vague which needs to go through judicial file. Consult a local senior lawyer for better appreciation of facts and guidance.
Shanmugam Bobbiliraja
(Querist) 21 July 2018
Do you mean to say I should post why the judge rejected my memo?
That reason If I KNEW why would I post anything here?
The judge has not given any reason whatsoever for rejecting my memo even when the OPs have not appeared at all.
If OPs had appeared against whom I gave memo. They would have objected they would have said something. But nobody has appeared, by rule of book the judge should have passed exparte orders. But the judge knew that if he passed orders as dismissed I can go for appeal. The judge in a crooked manner has rejected my memo after 3 months. Instead of helping you are asking contatac local lawyer.
Ab agar local lawyer se baat karke paise gawana hi tha toh main idar kyon aata .
