• Recovery Suit

I am facing recovery suit. Dist.court is in remote, it doesn't have direct transport communication so to attend date date I have to travel, reach by late evening spent one day to attend the date. I am one of the defendant my lawyer requested for plaintiffs' cross. Since then plaintiffs lawyer submit that plaintiff is not well cant attend the date and request for next date this is going on since last one year, there has been almost 6-7 adjournments so far. My lawyer says we cant help if court accept the adjournment.We know that its bogus claim and to avoid cross plaintiff is playing tactics to derail the matter I feel even plaintiff lawyer is also involved in this.

My queries are:

How many adjournments court can permits for cross ??? 
Is medical certificate has to be submitted for asking adjournment on medical ground ? 
what I am supposed to do if i feel both my advocate and plaintiff lawyer is a party and fooling us?
Can we say in Court that Plaintiff is deliberately avoiding the cross because claim itself is bogus?? if we can say, pl advice how to do this so we can compel the court move the matter further
Asked 4 months ago in Civil Law from Pune, Maharashtra

1) generally court does not grant more than 3 adjournments

2) if it is sought on medical geriunds seek medical certificate

3)request court to direct plaintiff to pay costs for adjournment

Ajay Sethi
Advocate, Mumbai
58246 Answers
3514 Consultations

5.0 on 5.0

Hi

It is suggested that you file an application for expunge of his evidence and proceed the case further.

Ganesh Singh
Advocate, Delhi
2331 Answers
3 Consultations

4.5 on 5.0

Hi, it is a civil suit and you are not required to appear on date of hearings at this stage ... Generally 4 - 5 opportunities are granted by court for conducting cross-examinations ... You can change the lawyer if you are having insecurity on its credibility

Hemant Chaudhary
Advocate, Gurgaon
3980 Answers
21 Consultations

4.9 on 5.0

next time when the plaintiff lawyer seeks adjournment then tell your lawyer to strongly object and request court to impose heavy cost on the plaintiff for avoiding his cross examination

there is no fixed number of adjournments that a court can grant

but any adjournment granted by court has to be based on sound reasons and no adjournment should be given only on mere asking

if this trend continues then you can ask your lawyer to take out an application to strike out plaintiff's evidence

you need not go to court on every date as you have engaged a lawyer

if adjournment is sought on medical ground then a medical certificate is a must

if the court does not allow your above application then you can file an Appeal in High Court

Yusuf Rampurawala
Advocate, Mumbai
3443 Answers
14 Consultations

5.0 on 5.0

1. There is no limit, till the time the court accepts the adjournment. You may oppose the adjournment application, if the same is moved on the next date.

2. not necessarily

3. You may file a petition before the HC u/s 227, and get the case expedited. If the same is done then the lower court will not allow the unnecessary adjournments.

Regards

Anilesh Tewari
Advocate, New Delhi
14481 Answers
203 Consultations

5.0 on 5.0

1.No bar but with speaking order for granting the same if not you can challenge the order in upper court.

2.Yes.

3.Yes.

Koshal Kumar Vatsa
Advocate, Gurgaon
1027 Answers
1 Consultation

5.0 on 5.0

Sir as per CPC only two -three adjournment can be taken in proceeding but court can further allow it file an application to close the right of the plaintiff to give evidence.

Yes court can ask for medical certificate.

Sir change the advocate if advocates are colluded.

Yes.you can pray before the court to close his right.

Shubham Jhajharia
Advocate, Ahmedabad
12946 Answers
49 Consultations

5.0 on 5.0

Adjournment can be given if court finds the reason suitable.

Medical certificate is necessary if adjournment is taken on madical grounds but sometimes court on its own discretion can grant adjournment without medical certificate.

You can ask for no cross order to get passed due to opposite party neglecting the cross.

Abhilasha Wanmali
Advocate, Nagpur
894 Answers
1 Consultation

4.8 on 5.0

Your brother has to produce documentary evidence that he has spent rs 16 lakhs as alleged by him

2) then only can he recover said money from you

3) once you have executed POA in favour of brother you have authorised him to enter into settlement

4) you can reply to legal notice now

Ajay Sethi
Advocate, Mumbai
58246 Answers
3514 Consultations

5.0 on 5.0

1.No.

2.Yes.

3. Yes.

4. This is wrong answer notice immediately un-answered notice will go against you , write cautiously without admitting any thing. You can send first reply this time also mentioning that following reply be read in connection of this reply.The deal done by your brother is totally illegal and challenge it immediately as this is against the spirit of POA, he is simply diverting attention from the wrong which he has committed. File an FIR also against him in the nearest police station for fraud committed by him.

Koshal Kumar Vatsa
Advocate, Gurgaon
1027 Answers
1 Consultation

5.0 on 5.0

As far as adjournments is concerned, it depends on various factors. Actually you need not attend the court in each and every hearing if you are finding it difficult, your advocate will be sufficient to represent yor case, hence there should not be any problem as you express.

Medical certificate is not necessary.

If you suspect the integrity of your lawyer, you may better change yor lawyer, but just because the opposite party is taking adjournment, you cannot suspect your lawyer.

You can put pressure before court that the plaintiff is intentionally dragging on the proceedings by using dilatory tactics, hence to close his evidence.

T Kalaiselvan
Advocate, Vellore
48286 Answers
575 Consultations

5.0 on 5.0

1. It is an understanding between you parties, the court cannot interfere in this arrangement.

2. Do you have proof for that?

3. Yes.

4. It becomes your duty to give a reply notice denying the allegations, to the lawyer's notice or else it would be deemed that you admit the allegations.

T Kalaiselvan
Advocate, Vellore
48286 Answers
575 Consultations

5.0 on 5.0

1. Sir your response is tenable to extent that you asked for receipts in case further out of court settlment is not tenable as you gave POA for same.

2. Sir you gave power.of attorney that is to represent you in case if in POA powers but not there and specifically mentioned for only court case then it can be contested.

3. No cash transactions above 2 lacs is allowed.

4. It was better if you have responded to his lawyers notice.

Shubham Jhajharia
Advocate, Ahmedabad
12946 Answers
49 Consultations

5.0 on 5.0

1. You have not made absolute admission. Its a qualified admission subject to providing receipts

2. If POA does not contain power to settle matter out of court, then before settling he ought to have taken consents or informed all the grantors

3. Payment in cash or not is inconsequential. Ask him for proper receipts. But keep in mind that receipts anyone can make. He can give you bogus receipts to show payment when infact he may not have paid that much amount in first place

4. Its not compulsory to respond to lawyer's notice. Its not a court notice. But if you want to point out facts or deal with the notice to place proper facts on record then you can reply him

Yusuf Rampurawala
Advocate, Mumbai
3443 Answers
14 Consultations

5.0 on 5.0

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