You should change your lawyer as your lawyer has not been attending to the case
2) appear in court on next date
Civil case regarding a property matter
Hi I just want to know if I will be able to go for my court case. 1. The present status is the Counsel for plaintiff and D2 present. Counsel for plaintiff filed application u/o 7 rule 14 of CPC and list with documents. Perused. Allowed. Counsel for plaintiff filed memo stating that 1st plaintiff was examined as PW-1 died on 10.9.2018. 2nd plaintiff examined as PW-2. Ex.P. 1 to 7 marked. Keep power of attorney in safe custody. For cross-examination of PW-2, by 7.4.2021. 2. Cross examination is deferred on the request of the learned counsel. 3. I have a lawyer on the case but he has never attended the case. I was never called for evidence by him. Strangely he had told me he has been attending the case. It’s a property case. The problem is it was a property transaction between my mums sister and my late husband. It was a GPA transaction between them. Her husband was the original holder of the GPA but it was sold by her. The case was filed saying that the GPA has been fraudulently done. On court records it was my late husband but they are now trying to say it’s me now. I have no prior knowledge to it. But yes I have not been allowed to go for the case each time I was stopped.
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
From the record it is clear that counsel for plaintiff and D2 were present. Plaintiff No. 1 examined as P.W. No. 1 but died on 10/09/2018. The plaintiff No. 2 examined himself in chief and his cross examination is postponed at request of counsel for defendant, probably defendant No. 2. You are defendant No. 1 as your counsel was not present on the last date. Dispute is with regard to GPA executed by maternal aunt and your late husband. When your husband is dead you should come on record as his legal heir. In the whole narration you did not say what you wanted to know, what is you question is?
You should change your lawyer and attend the proceedings. State this fact in court that you were not informed and allowed to go to the court.
Dear Ma'am,
From the facts you have provided, I infer that your late husband and you are the defendant in the case. As per the facts you have mentioned here, on first hearing the the counsel for both parties have made an appearance as they should, the status mentioned counsel of plaintiff and D2 that is defendant 2, which I presume is you has made an appearance. In civil procedure the role of defendant counsel is submission of written statement from your part, you should ask your counsel to provide you with a copy and keep you updated of the status of the case. If the suit is at the status of production of evidences by the plaintiff, under or 7 rule 14 the same will be followed by filling of written statement by your counsel and production of documents on behalf of defendant. The procedure of civil suit at the examination of evidence stage follows examination of plaintiff evidence and then cross examination by defendant council and the examination of defendant evidences and cross examination by the counsel by plaintiff counsel.
Thank you
You can consult a different lawyer in the local along with the relevant papers of the case and proceed as suggested.
Alternately you can contact any lawyer from this forum for clarification over phone by furnishing proper information.
1. You are required to enter your appearance before the Court.
2. It will be prudent on your part to change your lawyer if you have developed trust deficit on him.
- It seems that there was a communication gap between you and your lawyer , and for this you are also accountable.
- If your husband was a party in that suit , then legally you have your right to contest the case on his behalf after his demise.
- You should contact your lawyer for knowing the details of the case , and for moving a application for substitution .
- If you are unable to contact lawyer , then engage some other lawyer for pursing the case in your favour.
- However , your query is not very clear to reply in details .
You can contact me , for a clear reply.
