I was hmt coy employee in Hyderabad and we formed hmt officers house building society in 1980 and due to land ceiling act in ap state at that time the plot was not registered as the land of 25acres is surplus land of a landlord. But our assn alloyed plot letters afterwards awaing removal of ceiling act. Finally the GO of ap govt permitted for registration and out of 250 people except 46 people got registration. The reason for others reg. failure is our office bearers sold out our plots to outsiders illegally. The actual QN is we went to court in 2005 as my plot was registered on outsider name in 2002. The case was booked by my lawyer and in beginning he used to tell about adjournments and finally today he gave back my file without any case no. and escapes saying the case is not admitted at all by court. I am in shock now. Someone says the case was dismissed in 2008 itself and another lawyer says 12 years over after illegal registration nothing can be done now. Kindly suggest is there any way to fight for my plot. It is still empty and though my plot no. is 215 it is sold along with plot no. 214 and I got the xerox of sale deed. Can we go to court now. Kindly suggest.
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1) you need to obtain certified copy of order passed by court dismissing your case
2)also copy of suit filed by you
3) without perusal of court records we cannot say whether you have any chances of success in litigation
4)you can file appeal against court order of dismissal of your suit
There is nothing that can be said without perusal of the case file. You must consult a lawyer immediately with the file returned to you by your lawyer.
in this condition limitation period may be extended if case in filed in the court having jurisdiction and dismissed due to fault of the lawyer or without giving notice to the plaintiff. you should take proper status of the case therefore we can give better advice.
As a layman, I totally depend on the version of the advocate. The advocate stated that the case was not admitted till today. In fact the advocate gave in writing to our association that the case was filed in the year 2006 and he mentioned in 2008 that the case number was O.S No. 385/2006. He always used to say that the case was getting adjourned and I believed him as I was dependent on him. And as a plaintiff, I never received any notice from court for personal appearance. But to my surprise, the advocate gave back the documents in 2016 saying that the case was not admitted by court. I was told by another person from the association facing the same issue that the case was indeed dismissed in year 2015 due to default. I am not sure if it is true or not but I am unable to get the dismissal certification from the court and the advocate is not cooperating. In such a scenario, please suggest me on how to get the dismissal certification from court and what are the other options available. As I already mentioned in my question that the plot was illegally sold in year 2002 by somebody and I never received a single notice from court for appearance. I am awaiting for a positive reply again from you as your first response was encouraging. Kindly help me with the process and other available options.
1) you can as plaintiff apply for certified copy of court order
2) further these days many courts load copies of order passed in various suits online on their website
3) change lawyer and apply for setting aside order of dismissal
4) if advocate has misguided you file complaint against lawyer before bar council of your state
Unless the case file is seen and the last order passed by the court is perused it is not possible to state anything. If the case has been dismissed in default then you may apply for restoration, which may be allowed subject to costs. Engage a local lawyer and pull out the certified copy of the complete file.
you should get status of the case and certified copies of order sheet of the case. if case is filed and dismissed in default the relevant order should have been passed on the order sheet. after getting order sheet you should file a restoration application before the same court if no notice has been issued against the plaintiff for appearing before the court for admission of the case.