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
Sirs,
Sir opponent advocate had argued and raised technical points in District Court that Flats were not alienated by Defendants but somebody else
_______________________________________________________________
Sir please see that in 1st and 2nd Para of observation by Dist. Court given above in original question the Dist. Court specifically said that appellant was certainly not required to enter into witness box to prove allegations.” ……… However Dist.Court said to grant an opportunity to Appellant “to prove that seller of Flat and Respondent are having relation”
And lastly in 3rd Para of observation, Dist.Court used the word “to adduce evidence on particular point”
And sir
O 41 Rule 23 specifically used words as under :
“the Appellate Court may, if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded”
The words “shall be” has been used to make it obligatory impression on trial court
Query
Can in such circumstances, the Opponent advocate is allowed to ask irrelevant question having blatant indifference from the particular point decided by District Court whereas Advocate might have understood the Law better than Mr A who is a layman and Advocate is expected to obey the Court’s direction if he understands the order
Very important whether Trial Judge can be silent spectator to such behavior of Advocate in spite of clear-cut direction to Trial Judge to obey direction of Dist. Court to allow adducing evidence on particular point U/Order 41 Rule 23 of CPC
Plz guide
HARIOM
Note
In support of claim Mr A now produced in Trial Court Original certified copy of Sale Agreement (obtained from Registrar Office) of Suit Flats in which it is clear that suit flats were sold though these Agreements were made by Father of Respondent but sold in violation of Status quo order. Further possession of suit Flats is not with Respondent which is also breach of Order.
Asked 5 years ago