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sanyojanee deshmukh (Lawyer)     31 December 2009

what can be done ?

 Hello Friends... I have question and facts of the case are-

1. This is eviction of tenant case and my client is tenant in this case.When landlord filed case. Court sent summons through bailiff (court official) which I did not receive.

2. My client came to know about the case through his friends and he filed V.P and appeared suo motu.

3. On the day of filing i have made an application for copy of plaint and copy of list of documents along with all documents except which i can not file my Writien statement. Court kept the said application for other side to say but opposite party did not give their say.

4. Then i applied for certified copy of plaint and list of document along with all document. On said application i just received plaint and court official refused to give Xerox copy of documents mentioned in list of documents as those are Xerox copy. (Agreed to this point)

5. Then again i specially took the matter on board and prayed to court to give the documents mentioned in list of documents or direct the opposite party to provide same. Again court kept the said application for other side to say which were not answered by opposite party.

6. Again on next date of suit i gave same application which was again kept for other side to say.

7. Finally, opposite party gave their say and stated that my client has already received copy as per the summons report when court official sent summons. Which is not true?

8. Then i gave an application to their say stating that it is not true and all and prayed for appropriate direction from court which again kept to other side to say by the court. on next date there is likely to be argument and order by court.

  Now i want to know what I can do apart from this. i mean is there any other option which i can try ?  Can i give some other application to court?  Can i ask court itself to provide with documents? Is there any provision which compels either court or opposite party to provide documents mentioned in the list of documents and expedites the matter? 

 



Learning

 5 Replies

Devajyoti Barman (Advocate)     31 December 2009

You are absolutely in the right track. The court seems to be more comfortable in not passing any order and instead keep the matter in limbo. Anyway on the date fixed even if your other side refused to accept your claim of non-receipt of releant documents, the court for the sake of justice alone should direct the other side to supply the copies of documents asked by you. You have nothing to do more.

Anil Agrawal (Retired)     01 January 2010

 Again SHOULD. Court is not doing anything on many applications moved so far and we give suggestion of what it SHOULD.

The system will grind us to paste. Move the higher court.

sanyojanee deshmukh (Lawyer)     01 January 2010

 

 Thank You so much for reply.Even i think so... let's see what happens.

sanyojanee deshmukh (Lawyer)     01 January 2010

 Thank You so much for reply Mr.Anil but i dt want to go in appeal..

Anil Agrawal (Retired)     02 January 2010

 That is the system prevalent in this country. Either spend your life and money in appealing or suffer the consequence of illegal orders.


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