The court passed the order but it came to our knowledge that the court has no territorial jurisdiction. What will be effect of court order deferred the cross of the plaintiff by defendant appearing in person on the ground of family function. Allowed presence of two ex-party for more than twelve years two defendants. both orders were strongly objected and submission recorded only after strong arguments. The court order is, Ld counsel for plaintiff requested for an adjournment as PW1 is not able for his cross-examination as he has to attend some family function. Request is vehemently opposed by the D-l as delaying tactics. " D-1 submits that presence of D-2 and D-3 cannot be marked as they were proceeded against as ex-parte. LetD-2 and D-3 are directed to appear with counsel on NDOH positively. The conduct of the D-l in the court and unawareness of the law is also pointed our by the the Hon'ble High coun of Delhi in the appeal matter and court cannot proceed with the whims and fences of the D-1. So he is advised to appear with the counsel and he sha[ not be permitterd to prosecute the matter in person. It is made clear that in case of failure, the opportunity for cross-examination of PWs by D-1 shall be automatically closed and matter shall be disposed off on the basis of merits and documents.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1. The lack of territorial jurisdiction hits the roots of jurisdiction of the court for something in which it has no competence to pass such order.
2. If this lack of jurisdiction is very much apparent on the face of it then the court itself can recall this order if you file an application under section 151 cpc.
3. Another option is to file revision in the high court.
In either case take the remedial measures as advised above immediately.
An order passed by a court having no jurisdiction is a nullity.
in present case court has merely granted adjournment and directed you to engage lawyer to represent you for cross examination of plaintiff
better engage lawyer as directed by court to represent t you
What is the effect of this order if the court is informed that this court has no territorial jurisdiction by submitting the RTI reply from the court admin, directly to the court on the next date of hearing.The partial cross done by me in the High Court was highly successful as I know the facts in a better way.The ADJ is blocking further cross examination My whats app phone no is [deleted].
It is not necessary that you should engage lawyer to cross examine plaintiff
2) party is entitled to appear in person and cross examine plaintiff
3) file revision against said order
Though the case may be affected by territorial jurisdiction, the orders passed by the court is on different subject.
If you are aggrieved by the orders you may prefer a revision against the orders before high court.
If the case is barred by territorial jurisdiction then the present orders passed by the court may become infructuous.
The jurisdictional court may start the process and proceedings afresh.
The law does not operate at your whims. There is a system and you will have to follow this as well.
To err is human and this is applied in jurisprudence as well.
So instead of applying your own mind listen to your counsel and follow the route which is applicable in remedying this situation.
Sir just the right has been closed a simple application can be given with affidavit to open the right of cross again it won't effect the court will open right back it can put cost like [deleted] if it seems fit.
See at this stage even if court doesn't have jurisdiction it needed to be pointed out order 7 rule 10 and 11 application now you cannot take defence of same order of court need to be followed.
Sir cross right can be opened back there is no big deal in it. Further by RTI you cannot.inform court admin for jurisdiction this issue needs to be raised before court and contested. You have to take plea before that the court doesn't have jurisdiction.
if you say that the court has no territorial jurisdiction to try the matter then you will have to take out an application for the same
you cannot just submit the RTI reply and tell the court that it cannot try the matter
the application for dismissal of suit on ground of no jurisdiction will be responded to by the plaintiff and only after hearing both the parties, the court will pass order on your application
till such application is pending the main suit will be stayed
RTI or in by other form has nothing to do with the civil suits as courts are not the jogging parks, file a written reply in a proper way if not filed , more so you have to mention in your reply or in application what ever the stage is this fact and wait for the court's orders.
you can raise the issue of territorial jurisdiction in the appellate court and set aside the order.
