Plaintiff failed to file extension petition for ad-interim i
Mr Sreejit
(Querist) 13 October 2018
This query is : Resolved
An exparty order of Inj and Status-quo was granted in favour of Plaintiff in a Title Suit in 2013 and the plaintiff keeps religiously filing petition for extension of the same stating a fake reason that ' the situation initially prevailed is still continuing', on each date of hearing. The Hearing of Ad-Interim Order of inj. is 'still' being in the process of 'hearing' at a bench in City Civil Court, Calcutta.
The fact is, as such, the reason for which the orders were granted were fake, frivolous and imaginery and never existed not could exist at any probabilities and the order itself is in violation of an earlier HC Calcutta Order in a case relating to same property between predecessors -in-title.
The last date was 17th Sept. 2018 wherein the Defendants-in-person filed hajira in the court and as well as served a copy of their petition under Order 2 Rule 2 and 3 to the Adv. of the plaintiffs, in person and filed the 'copy served petition' at the Court.The Adv. of the plaintiff signed and handed over the petition to the defendant-in-person.
That day court did not function for obvious reasons.
The next date was fixed for 'Extension of Ad-Interim Inj orders' on 12th Oct 2018.
The def-in-persons filed a petition u/s 151 of CPC therein pleading that, some error had crept-in in the records of the court or some casual/clerical/mechanical mistake had happened in the court records due to which it was stated in the cause-list that the next date is 12th October 2018 for extension of Orders and, as such the plaintiffs had never filed any petition seeking any extension and as such the court has NO MANDATE TO GRANT THAT IS NOT SOUGHT FOR.
Also the def-in-persons filed a put-up petition to hearout their above petition u/s 151 before the court on 12th Oct 2018.
The Adv. for plaintiff placed a fake and casual reason that 'IT IS NOT POSSIBLE TO GIVE NOTICE/SERVE COPY OF EXTENSION PETITION TO THE DEFENDANT-IN-PERSON AT HIS HOUSE', whereas the facts are: 1. The Adv. of plaintiff himself signed and received the petition of the def-in-person at his designated Bar location from the def-in-person. Actually he failed to file / serve any petition for extension. whereas before the court he pleaded with a false reason, also he did not leave any notice at the court office if that the Adv. was not able to locate the def-in-person. Actually the address of the def-in-person is in the court records and no petition ever submitted by post or any messenger too.
The Adv. for Plaintiffs did not plead for excuse nor pardon for the lapse.
The def-in-person though not a person of legal fraternity understands this much that in the ADVERSARY SYSTEM OF JUDICIARY the Judge is not 'OBLIGED' to GRANT WHAT IS NOT ASKED/SOUGHT/PLEADED FOR. Also the Adv. did not plead for pardon or excuse.
The Judge, on 12th October 2018 did not mind the lapse/error/ audacity of the Adv. of the plaintiff and 'TOTALLY IGNORED' the petition u/s 151 for a prayer to pass an order declaring that the ex-party ad-interim Orders of injunction and status-quo got vacated due to failure to file petition for extension on behalf of the Adv. of Plaintiff.
The position, case, interests of Def-in-person is seriously hurt due to indifferent and callous attitude and conduct of this Judge.
Actually the injunction is awarded to restrain the defendants from causing disturbance in the painting work of the wall of the plaintiff.
I plead with the experts here to guide a remedy to this situation.
Isaac Gabriel
(Expert) 13 October 2018
You have engaged council to represent.Seek his advice instead of raising doubts here.
Mr Sreejit
(Querist) 14 October 2018
ISSAC GABRIEL : Thanks for your reply. Sir I am a non legal professional and i am handling it myself as'Defendant-in-person'. If possible guide me.
Dr. J C Vashista, : Most SHEWEETH SIR :: Sir, tragic stories are long too. but it does not deserve a rejection as 'no time' Being an expert, reading a few paragraphs and applying your acumen and helping a needy (Knowledge wise) will be a cake-walk for you. But you chose to reject with such an arbitrary comment. ?Thanks? anyway sir, ever for spending time in such 'comment'.
Mr Sreejit
(Querist) 14 October 2018
Dr J C Vasishta, Sir a malicious litigation where an exparty injunction granted for just painting a wall in 2013 is still continuing for over 6 years. If these petty issues spoil the precious time of court, where does JUDICIARY STAND.If experts like you reject to put their mind how these shams be removed from the system. Are courts only for a place of tug off war backed by power, influence, money, muscle etc.,, IS THERE NO EQUITY ??
Guest
(Expert) 27 April 2020
Request your Advocate to convince the Court stating your allegations to vacate the stay.
Guest
(Expert) 27 April 2020
Any Stay given by the Court would automatically be extended until and unless it is vacated by the Court.
Guest
(Expert) 27 April 2020
(The Query is of october 2018 but still remains in Un solved category and it is responded now please )
