Society matters in Courts : Lis Pendence

societyBy Legal Bureau

What precautions should be taken by the parties during the pendency of dispute in Co-operative Court ?

Answer: Even if the Advocate is appointed by the Society, the Society should see someone on its behalf attends the matter, but it remain present by the parties concerned or on the scheduled date, but on dates of hearing, the concerned parties must remain present preferably along with Advocate. It is to be noted here that taking submissions of Advocate is at the sole discretion of the Co-operative Court. The Co-operative Courts are empowered to refuse the appearance of Advocate in the case for the reasons given, but the party concerned must remain present in the Court. The interested party may appear through his Constituted Attorney or by any means of authorization of such person concerned. As stated earlier, the Opponent must file his Written Statement within 30 days or as early as possible, but in any case before expiry of 90 days. The parties must not make an issue of controversies finalized by the Co-operative Court, because the evidence is to be laid on the basis of issues. The parties may pray for recasting of issues in case the burden is wrongly placed. The parties should have copies of evidence including Cross Examination recorded on the scheduled date. The important points to be noted here is that the party, who feels some correction in the deposition of witness must pray before the Court then and there only because application for correction on deposition after a lapse of time may not be entertained by the Court. It is also to be borne in mind that staffs in the Co-operative Court, as on today are not the trained staff as that of the Civil Courts. Therefore, there is likelihood of certain mistakes in recording the proceedings and recording of deposition too. Therefore, the parties must be careful in reading the proceedings before the Court and correct it then and there. At times small mistakes in cross Examination may effect the finality of the judgment in the concerned dispute. Therefore, the parties are informed and suggested to read carefully the depositor’s sworn statement of the parties concerned. The parties are also advised to note down all the orders passed by the Court during the pendency of the litigation. The parties are also advised to note down the daily Roznama recorded by concerned person and signed by the concerned presiding judge. Instead of asking for Certified copes of the proceedings, if the party records the proceedings i.e. Roznama daily in their brief, it helps the party at the time of final argument of the matter. The parties must remain present on the date of judgment or order because at times the aggrieved party may not be able to go to the Appellate Court because during the period of presentation of Appeal rights may be taken away. Therefore, the party may place an application before the same judge for saying execution of judgment or Award. Generally if the parties are present, the judges can exercise their discretionary powers in writing such orders. The Co-operative Courts have power to redirect the dispute and Therefore due precaution in necessary in this regard.

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