Dear Respected Sirs / Madam,
I have filed OS5854/2016 for money recovery and cancellation of sale deed against 6 defendants of the entire family members. The case had progressed well with both sides cross examined (while at cross examination, defendant acknowledged OS598/2010 of the entire survey was in favor of the then plaintiff favouring declaration order,decree and judgement)
Post that the current case 5854 was posted for argument stage and unfortunately the as per court routine, the judge got transferred and since the new judge taken over, the defendant wants to take advantage of the situation and approaching court to revert the case to back to evidence stage. While in the affidavit the evidence names mentioned has no connection. In this scenario kindly help me with your advice / input on the following.
a) Will the new judge acknowledge our objection and not allow case to back to evidence stage and post for argument phase
b) Would the previous judge (prior to transfer) would have left any hand-over notes about the case along all the observation and interim oders for current judge to administer right and timely justice and judgement
c) Importantly the 1st defendant has been claimed as expired/dead by other defendants and that to my awareness they have not submitted death certificate?. Should this not be mandatory for judge to insist that a certificate be produced to court ?. Also should we not raise objections before Judge
I seek help from the esteemed panel as my advocate is not providing being helpful and very passive to my clarifications
Thanks & Regards
Stephen
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