• Breach of Dist Court Order by Trail Judge and Advocate both

Sirs,

Mr A Plaintiff filed RCS in person before CJJD in Maharashtra and obtained Status Quo Order 

Mr B Deft violated Status Quo Order by selling Flats but he sold Flats through his Father namely Mr C. 

So Mr A Plaintiff filed contempt Misc.application u/o 39 rule 2-A of CPC

Mr B Defendant filed Reply in Misc Appln and admitted that though suit Flats were sold but sold by Mr C and not by him.

Hence Mr A Plaintiff did not adduce evidence and attached zerox copies only.

CJJD rejected Misc Application by saying that Mr A Plaintiff failed to prove fact by evidence 

Mr A Plaintiff filed Appeal before Dist. Court which was partly allowed. 

Observations made by Dist Judge as under :- 

 “Respondent filed Reply and admitted of selling Flats . 
 Appellant (Mr A) has bonafide faith that facts admitted 
 need not be proved. In view thereof, appellant was 
 certainly not required to enter into witness box to prove 
 allegations.” 

 “If opportunity were granted to appellant (Mr A) of oral 
 evidence, he would have established relations between 
 Respondent and seller of Flat Mr. C" 

 “Instead of making Order in favour of Appellant (Mr.A), 
 I remand back matter to trial court by exercising 
 Power Under Order 41 Rule 23 of CPC with direction 
 to grant opportunity to appellant to adduce evidence 
 on particular point and further directed trial court to 
 decide matter in three Months 
_____________________ 

Matter was sent to trail Judge who gave first date of 04 Months in such time bound case.

During cross, opponent-advocate asked all irrelevant Questions and not asked even a single question on particular point as directed by Dist Court

Mr A objected to Opponent Advocate then Advocate misbehaved with Mr A for which Mr A made his written complaint in running case and prayed for Video Recording

Trial Judge kept the matter of arguments and citations of Hon'ble Courts 

Opponent Advocate not objected for video recording 


After 19 Months Trial Judge passed Order ;- 

 There is no power and jurisdiction to this Court to allow 
 video recording. Hence, for want of power and jurisdiction, 
 application is rejected. 


Mr A Plaintiff raised Query why 19 Months were required for such Order in such time bound case when the Trial Court knew that it has no power to do so then Trial Judge said that recently some High Court Order has come. 


Query 

1) Can Opponent Adv. ask irrelevant question in spite of Order by 
 Dist. Court to ask question on particular point

2) When Judge knew that he had no power for video Recording 
 then can he waste 19 Months in such time bound case. 

3) Whether recently any such Order by High Court in this regard ? 

Please Guide what Mr A must do 

(Note :- MR "A" IS DEFAMED THERE FOR MAKING COMPLAINT OF 2 JUDGES) 
 
HARIOM
Asked 5 years ago in Civil Law

First answer received in 10 minutes.

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12 Answers

You cannot restrain scope of cross 

 

2) Lawyer can ask mumber of questions to plaintiff . It is for court to disallow certain questions 

 

3) since you had made application for video recording court can pass orders only after considering defendant reply and after arguments 

 

4) A ought not to have made application fir video recording only adduce oral evidence as mentioned by appellate court 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) Mr. A can go for revision of order by trail court in the High Court U/S 115 of CPC.

 The court’s coming to an erroneous view will not justify interference in revision under S. 115, C.P.C.

By its clauses (a) and (b), S. 115 empowers the High Court to satisfy itself: (a) that the order of the subordinate court is within its jurisdiction, and (b) that the case is one in which the court ought to exercise jurisdiction. Therefore, where the court by a wrong or erroneous finding assumes jurisdiction which it has not, or refuses to exercise a jurisdiction which it ought to exercise then the matter becomes revisable by the High Court.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. See as such questiones cannot be categorised as relevant or irrelevant the advocate in cross can ask for question he think shall be relevant to matter.

 

02. Sir she appeallant court can make a remark on same but at this stage it wonnt be good to make allegations on the Judge.

 

03. Sir I have not come across any such judgement if court has relied on such judgement he must refreed same in order,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No opponent Advocate can't.

In suitable cases judge can allow..

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1. opponent can ask questions to witness to impeach his credibility on evidence adduced by him in support of his case. Whether or not the questions asked are irrelevant is for the trial judge to decide. The plaintiff's advocate can always object against such questions being asked and request judge to record his objections. All of this will form part of the notes of evidence

2. judge has power to order video recording of trial proceedings under sec 151 of CPC - inherent powers of court to meet ends of justice. 

3. please ask the judge only. Why would any HC pass any order to delay a matter when it has been made time bound by an appellate court

you have a right of appeal if the suit is not decreed in your favour

ideally you should have filed an independent contempt petition in High Court for defiance of status quo order by defendant

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

1. Asking irrelevant questions is tactics by advocates just to mis-guide the witness and they have power to do so you can only object to this.

2. Judges has no powers to waste the time even in normal cases but by speaking orders they can adjourn the proceedings, you have only one option to challenge the same in higher/appellate court.

3. Please go through the judgement of Hon'ble Allahabad High Court in the matter Ayodhya Sahai V/S District Judge and others decided on 25.09.1997, this will help you.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. Yes

2. that is the fault on part of the court

3. What do you mean by Mr. A is defamed? 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Your lawyer can object to irrelevant questions being asked particularly so when order passed by appellate court remanded case for leading evidence on particular issue only 

 

2) judge should on basis of said order disallow irrelevant questions 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

See you are correct at stating that the advocate should ask relevant questions only but the issue here is the time he ask question if irrelevant objection can be raised the court may grnat or reject same as court is proper authrity to decide.  

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. The defense lawyer can shoot questions which are relevant to the subject matter alone.

2. The delay from court side may be for various reasons which may pass through all such objections.

3. You may look for high court orders by browsing through internet.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You may read the district court properly which clearly directs the appellant/petitioner/plaintiff to adduce evidence by stepping into witness box on the particular subject but it has not restricted the defendant to not to shoot questions which do notbase the evidence adduced by you.

 

 

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Please ask the court to depute Court Commissioner for on the spot inspection, this will clear the position to the court and Hon'ble Judge will be specific on the point.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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