When judge refuses to take legal document?
Dr. Shekhar
(Querist) 16 December 2015
This query is : Resolved
As a petitioner, in my ex parte divorce case, I have tried several times through my advocate, to give the written argument to the judge who is refusing to take it for no proper reason. Can I forward this document to Registrar HC to forward to the FC Judge, explaining my grievance? Or what else are the solutions to such a situation? Kindly guide.
Chanchal Nag Chowdhury
(Expert) 16 December 2015
The judge cannot refuse. U R advised to file apetition annexing the written argument.
Dr. Shekhar
(Querist) 16 December 2015
DMr Chaudhary, Thanks. Petition under what sec of CPC to be filed in such case?
SURESH BV, Advocate
(Expert) 16 December 2015
As Mr.Chanchal Nag Chowdhury has rightly said that a judge should not refuse to receive a Written Argument. However, you may also file the Written Arguments in the Filing Section of the Court and obtain an acknowledgement. Once it is filed in the Filing Section, it will go to the concerned case file.
Dr. Shekhar
(Querist) 16 December 2015
Mr Suresh, Thanks so much. So once I file with the filing section of court or speed post to the concerned Principal Judge with his name and courts address, can I presume that the case cannot be simply dismissed now even if I go overseas and my advocate do not attend on the date because the case has to be decided based on the documents in file?
Dr J C Vashista
(Expert) 16 December 2015
You can send it by speed post as well, if you do not want to file it in Registry, when the judge did not accept (which s/he is duty bound to accept). You may address the same to Chief Judge of the High Court.
Dr. Shekhar
(Querist) 16 December 2015
Dear Shri Vashista ji, Thanks for a good solution. I can try at court filing deptt. if they take, speed post to the Judge. And also CC to Chief Judge of HC. Please only clarify whether I should address to Registrar General, Delhi HC or to Chief Judge, Delhi HC, which is more proper?
T. Kalaiselvan, Advocate
(Expert) 26 December 2015
Dont indulge into any such action which may jeopardize the fate of your case. You can file the written argument before the court in the next date of hearing, because you are actually mis-representing here that the judge is refusing to accept the written arguments, no judge will do that. In general the court will receive any petition and it may either return or reject it if it opines that the same is not maintainable.
Alternately you can file the written argument in the registry which will be forwarded to the concerned court and the dealing clerk will restore it in the file and bring it to the notice of the judge on the next date of hearing. Then your problem will be solved.
Dont escalate this petty matter to chief judge or registrar of high court, which may draw adverse impact to your case.
Dr. Shekhar
(Querist) 26 December 2015
Dear Mr Kalaiselvan, Thanks so much. You mentioned to file in the registry. Do you mean by registry, the filing section of the court or R&I( receipts & issues) section?
