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Tarachand   12 February 2017

How to stop advocate's contradiction (serious matter)

Sir/Madam

  • I have filed RCS for specific performance against Ex-mayor of my area
  •  
  • The Ex-mayor admitted in W.S. in 2006 that he is the Owner of the suit Flat
  • On basis of his statement the order of status quo was granted to me till next date
  • The status quo Order was extended 30 times and in 2012 Exh-5 was allowed in my favour
  • But in 2012 I came to know that the Ex_Mayor had already sole the suit Flat by putting in front name of his wife and also transferred the possession of the Flat to third person in 2007 only
  • But in the Court during the time of 30 times extension of status Quo Order the Ex-Mayor did not informed anything and continued with the statement that he is the owner of the suit FLAT and he has possession of the suit Flat
  • But when I came to know the breach of the Status Quo Order then I filed M.A U/O.39 R2A and in that MA the Ex-Mayor gave contradictory statement that he is not the owner but his wife is the Owner and she sold the suit Flat
  • For such contrary statement the Ex-Mayor was prosecuted for alternate perjury u/s.191 193 &199 of IPC by the Civil Judge and he is facing trial before the CJM
  • BUT the legal facts is that the Ex-Mayor has given first statement and thereafter for all 30 times when the Order of Status Quo was extended and thereafter he gave contradictory statement all under legal guidance of one and only one advocate and under his legal guidance only he has done all these things

 

  • PRESENT SITUATION :-
  •  
  • Now dates of both RCS and the said MA are on same day and his Advocate is representing such contradictory statements (first) in RCS he represents that Ex-Mayor is the owner of suit Flat and then (after five minutes) he represents  that he is not the owner of suit flat
  • Does the Advocate is allowed to do so :-

How to stop this non sense ?

Guide

HARIOM



Learning

 1 Replies

Suri.Sravan Kumar (senior)     12 February 2017

It is for the court to decide.


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