Legal procedure Legal procedure

5 years ago

Sir, I have filed a mat suit in 2013 and it is an x-party. I have completed all procedures and came to order stage in jan 2018. Five Ofer dates were given but the judge was transferred. He has left without passing the order. My question is do I have to go through the same procedure again as the new judge has called for further arguments. Pls help me.

VIMAL K MISHRA

Responded 5 years ago

A.It is normal you will not need to worry. Changing your judge will not make any difference in your case.
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Dependu Sarkar

Replied 5 years ago

Thank you sir,

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client final arguments will be hear again by new judge
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Dependu Sarkar

Replied 5 years ago

Yes sir, as all formalities are complete. Do we at all have ‘oral submission’ in India as in the US and NSW?

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Manjula Shanmugasundaram

Responded 5 years ago

A.No. The entire procedure need not be gone through, only the final arguments need to be presented again.
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Dependu Sarkar

Replied 5 years ago

Yes mam, the final argument has been submitted including all the true copy of evidence at the court for which have come to a stage of order in feb 2018 till Aug 2018, before the honourable judge was transferred. But I didn’t receive a verdict (for or against).mam

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Manjula Shanmugasundaram

Replied 5 years ago

Sir, You don't have to submit your evidence again. After submitting the evidence, you lawyer presents his oral documents. That's the only thing to be done again.

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Dependu Sarkar

Replied 5 years ago

Mam, do we have oral submissions in the final stage of the hearing in India as in the US and NSW? Is that what we call oral document?

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Manjula Shanmugasundaram

Replied 5 years ago

Yes, there are oral submissions at the final stage. But that differs from way it is done in US etc. Mostly because we don't have jury and also, it involves mostly technical issues like interpretation of provisions and case laws.

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Sanjay Kumar Jha

Responded 5 years ago

A.dear Client, you might have mistaken , your case would have been on Ex-Parte, for which you have to give argument on evidence before court to decide decree to pass.
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Dependu Sarkar

Replied 5 years ago

Thank you sir. All formalities have been completed for which I went to the stage of order, even the final argument has been submitted sir.

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Prithvi Raj Sikka

Responded 5 years ago

View All Answers
A.Yes new judge will again hear arguments.

Prithvi Raj Sikka Advocate
Managing Partner
Law Juris, New Delhi
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sistla ramakrishna

Responded 5 years ago

A.Dear Client,
There is no need to proceed afresh and new judge will pass orders after going through the proceedings conducted before the transferred judge. No need to worry, you need not go through the same procedure again, but the new judge, will heard the arguments on your side afresh.
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Dependu Sarkar

Replied 5 years ago

Thank you sir. This has helped me a lot. If you are from Kolkata, I can contact you in person in order to know if my lawyer is correctly representing me, and if not, I may think of other option as the whole proceeding is taking more time than I expected.

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