Our request was not accepted
sandeep
(Querist) 05 April 2016
This query is : Resolved
Respected Sir,
On 21st March 2016, i have communicated a civil case about suit property to your notice for suitable guidance. On this Shri. R.K. Nanda, Shri. Rajendra k goyal, and Shri. P. Venu who are the legal experts have given their legal advise to me and my mother(plaintiff) to oppose the appointment of "Advocate Commissioner" on the next date of hearing of our case.
Accordingly, on 04th April 2016, my mother appeared before the trail court of city civil court, Hyderabad when our case was called. Then my mother opposed the appointment of "Advocate Commissioner" stating that my mother did not make any such request/submission either to the Hon'ble court or to the advocate of my mother.
The Hon'ble court did not consider the request of my mother on the ground stating that the orders have already been passed for the appointment of "Advocate Commissioner", as such the Hon'ble judge further said that the orders for appointment of "Advocate Commissioner" could not be recalled.
Please clarify about the statutory provision in confirmity with Civil Procedure Code regarding the stand taken by the Hon'ble judge.
Thanking you,
Adv. Yogen Kakade
(Expert) 05 April 2016
It seems as per the details mentioned by you that the court had already passed the order to appoint the advocate commissioner on the earlier date of hearing itself. Hence, the ground to oppose such order mentioned by you before the court need to be seen in this regard.
Devajyoti Barman
(Expert) 05 April 2016
Well, it seems the order is indeed passed and since it is passed on merit the same can not be recalled.
So the only option lies in challenging the said order in higher court by filing civil revisional application.
sandeep
(Querist) 06 April 2016
I appreciate Shri. Yogen Kakade, Shri. Devajyothi Barman and Shri. Rajendra K Goyal for your valuable suggestions.
Thank you Sir.
