• Suggestion needed on Suits Valuation Act 7,1

Hello All,

I would request an advise on my Civil case and details are below:

The case for valuation was filed on 2016, after my grandaprents death. And it was stopped in between due to an inefficient commisioner. Then our advocate keep trying and trying to get one more chance to survey the land and its never happening. 

Please advise on how to take it further and whats going wrong in ourside. As this is public forum i am not attaching any CRN or case number. 

But the latest and few details of the case, as below:


Business	:	For trial call on IA 1-2021 For counter At request call on
Next Purpose	:	IA / EA Pending / CMP Pending / CRP Pending / CMA Pending
Next Hearing Date	:	[deleted]



Business	:	Both not Ready For Trial call on
Next Purpose	:	Trial
Next Hearing Date	:	[deleted]

Business	:	IA 1-2021 is pending call on IA 1-2021 Notice of Hearing and counter call on
Next Purpose	:	IA / EA Pending / CMP Pending / CRP Pending / CMA Pending
Next Hearing Date	:	[deleted]

Business	:	For trial IA 1-2021 is dismissed. U/s 151 cpc petition filed check and call on IA 1-2021 In view of the endorsement made this petition is dismissed as not press.
Next Purpose	:	Trial
Next Hearing Date	:	[deleted]

Please advise and guide us, as we assume that either our advocate is not making things, on purpose. 
Or its that i misunderstood and doubting our advocate.
Asked 2 years ago in Civil Law

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10 Answers

interim application has been dismissed 

 

petition has been dismissed 

 

it is necessary to peruse order passed by trial court to advice 

 

you can file appeal against order of dismissal 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

From the facts presented it appears that your efforts at valuation of the assets after the death of your grandparents through an advocate commissioner have not been successful so far. There is nothing to suggest that your advocate is acting against your interests. Procedural delays are unavoidable in civil proceedings. If you feel that your counsel is deliberately delaying things, you may opt for another one.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

- If the said valuation is not sufficient , then you can move an application before the court for re-valuation 

- Further, as your earlier applications are dismissed then you can approach the higher court. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

From the information provided by you in your post,  it can be noted that the IA filed by you has been dismissed as not pressed. 

Your advocate seemed to have filed a memo  or made an endorsement for not pressing the interlocutory application seeking re commission. 

Hence better show the relevant papers to some other advocate in the local,  obtain a second opinion and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

The interim application filed is withdrawn and not pressed by advocate or you so the same is dismissed as not pressed

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Not pressed means the relief sought is not pressed and the case is disposed off.

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

By the endorsement 'NOT PRESSED' the petitioner informs court that he is withdrawing the petition and requests the court to dismiss the same as not pressed.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Dear Sir / Ma'am,

Not pressed means the case is not stressed to move further or not persuaded to move further. Disposed of as not pressed means your Counsel had admitted some part or the whole as the case may be according to the terms of the judgment that the relief sought in prayer is not pressed before Court and the Court disposed off the case as not pressed or the relief sought is not pressed and the case is disposed of.

Thank You.

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

'Not pressed' means that the party who presented the petition did not press for the relief or remedy sought.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

Not pressed is taking back of application by party filing it

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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