Person against whom case was filed died
This is regarding one of my relative . She is 55 year old widow who is working for Public Sector , lost her spouse 11 years back and has responsibility of 2 daughters of marriageable age and young son who is studying . Her monthly salary was deducted by 1/3rd as her employer received some notice stating there was a case X Vs Y ( Y her late spouse ) . Y has lost the case and there would be a deduction of 1/3rd salary from widow Salary , notice signed by Junior Div Judge . Lady has no clue about the case , she was never summoned to court , she has received any notices . She had no clue about the “ X “ ( who filed the case ) . Employer asked her to contact the X or go to court to sort out matter else there would be deduction every month .
1- She was never part of any transaction or no knowledge of same .
2- She has not inherited any property from late spouse ( as there was none , he had some agricultural land which his bother owned legally)
3- She has got job as her spouse died before retirement on a 2 level below designation ( some state rules )
4- Her salary is her 30 days work pay which she is entitled to have as she is not getting paid for her late spouse work .
5- She has received some PF amount from her late spouse but that was too minimal which has spended in her children education and saving some for her daughter wedding expenses.
6- It says Civil Execution 511/2011 which I guess related to some money owed , however widow was never part of it .
7- We need to know do we have to go to high court or in same court last notice sent to employer was signed Junior Div Judge – District Court.
8- As we do not know anyone in that district , so it is hard to find a good lawyer . However we do not want to take any chances .
9- Is there any way we can find out which lawyer we should hire - state
10- We do not want delays lady is under too much stress
Request your assistance in some advice .
Thanks & Regards,
Asked 3 years ago in Civil Law from Rohtak, Haryana
you will have to approach the court from whome you have received summon,and in case you are not satisted with its order ,then to district court
Advocate, New Delhi
Notice was sent to employer not to lady we have asked copy of notice which they have given to us and suggested we would be going to court to get a copy of complete judgement / decree copy . It says Civil Execution 115 / 2011 does this mean it is something related to Owed Money / Bounced Cheque and case was filed by plaintiff in 2011 .
Asked 3 years ago
it means final judgement was passed in suit proceedings . for recovery of amount execution proceedings were taken . you have to take out copy of record and proceedings from court that passed orders . visit the said court . contact local lawyer