Chinese Chef (Integration Architect) 29 July 2017

Query: whether to file ws in pwdva while appeal is pending?

Dear experts,

In PWDVA, name deletion applications were filed by three respondents. The applications were subsequently dismissed by the trial court. The respondents have preferred to appeal against the impugned order in Sessions court.

Now, the trial court is insisting the respondents to file their reply even while the appeal is pending. The file from the lower court has not been yet called by the sessions court since the summons are still to be served.

The trial court judge is a fresh recruit and seemingly, over enthusiastic.

As of now, I'm not sure what to do. Does it make sense to file the written statement by respondents who have also appealed in upper court? Can I ask lower court to accept reply later if my appeal is denied?

Kindly advise.

Thanks!

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10 Replies

(Guest)

Rely on your own lawyer.

Rishi kumar 29 July 2017

MR. JIGYASU,

The moment case is filed we all have lawyers. More often than not litigants find it difficult to rely upon their lawyers and that is the reason they are asking questions here. If you simply say " rely upon your lawyer" that does not make an answer. My lawyer is very keen that I pay up the arrears. "Otherwise the OP will put a memo for that"' he says. I know the memo doesn't mean anything. I will also ask for more time. But if your own lawyer is very keen to part your money from you to the OP, how does "rely upon your lawyer" work? Kindly write your opinion here.

Kumar Doab (FIN) 29 July 2017

The moment you realize your own counsel is not advissing you properly because:

He/she wants to benefit the OP

He/she wants to benefit the OP since he/she has striked a deal with OP and wants a cut out of it

He/she is not well versed and competent

The very moment change your counsel, without any delay................and second thought.

1 Like

Kumar Doab (FIN) 29 July 2017

Such moment can be avoided by;

Conducting your own survey to find local senior very able counsels of unshakable repute and integrity specialising in concerned field of law e.g; Family Matters

Going thru kind and number of cased contetsed by such counsels and jdugments in matters contetsed by them

Discreetly asking around

Talking to local litigants in similar matters

Finding local litignats contesting as Party in Person

Speaking to well informed experienced person that have goen thru same stage

reading well nourished blogs

Susen Nath 29 July 2017

My question is so ambiguity arising? Who has done this? Why jump the case? Should always go through proper chanel.

Susen Nath 30 July 2017

Thank u for Doab sir for his true and tricky answer.

Sachin (N.A) 30 July 2017

There are so many excuses you can give to adjourn the hearing, even SC said that most of the lawyers are working as adjournment expert. If you can't think an excuse yourself take an adjournment expert with you.

Kumar Doab (FIN) 30 July 2017

Hope you can handle the matter on your own or lean on your counsel as suggested....

Chinese Chef (Integration Architect) 31 July 2017

I still don't have a clear answer.

As of now, I'm inclined to file the written statement by rest of the respondents even though their appeal is pending.

My intent is not to take adjourments and delay the matter but take the right course of action as directed by the law. Seems like there is no clear directive.

Adv Radhika Mehta (Advocate) 31 July 2017

The only solution available for you is to either proceed with the matter at the earliest in session Court or file a detailed Adjournment Application mentioning all the above facts and even annexing a copy of your appeal if required. The other side will be served also and you can then procced with your matter.