Can Dear All,
In 1989 one of my tenant filed a case on me claiming exclusive right to terrace. She obtained injunction against us and prohibited us from entering terrace. Her advocate has ensured that case is delayed and is on even today. So many times I realize that the advocates , their staff, court , court staff has either taken me for ride on purpose, or often they too were ignorant. Clients are too afraid of even arguing for their right with peon of advocate or even court clerk and keep bowing to their nefarious act or demands.
In no other place and to no other professional you keep paying their assistants , peon clerks etc for your work except in legal system. Basically advocates do not pay or pay every less to their staff so for every work you have to first pay them for getting the rightful work done such as :
- Obtaining copy of order where even if you have lost due to negligence of your advocate
- obtaining duplicates
- serving summons
- withdrawing rent
- filing plaint
etc etc
In one similar matter my 80 year old senior citizen was advised by his advocate that your case has been filed now for serving summons you are supposed to go to court , pick him in your car, take to defendants house and then give him tip of Rs. 200/- and then drop him back. To drive in present day traffic. Then to find parking near the court. Then to find bailiffs office , then to identify belief, ( he may not be there so go again) then face the abuses of defendants ...........is not all this ridicules????
Can ever advocates be true fighter of harassed citizens when they garner, protect and use such system?????
I called up advocates clerk for no of registrar. He refused. I used Just dial. Registrar refused to give any help but said bailiffs are under Sheriff of Mumbai.He refused to give me their no. Then again Just dial. Got Mr Sawant in the office of Dy sheriff Kazi on line. He allowed discussion as I said I am from IAC otherwise there too I would have not got the answers. He said there is procedure of sending summons even by Registered A.D. . LO! in 30 years of my visits to courts, advocates I was not told this.
Even bailiff does not need to plaintiff to identify as everyone has PAN, Adhar card, society watchman etc to do so. The jewelers from Jaipur, Ebay and Flip cart are sending material worth lacs by couriers and they keep a scanner and scan I Card before delivering such material.
This is a exploitation of mass of litigants due to ignorance. Government/ court must form Bar of litigants and give them office place in court premises. Advocates bar is there because Britishers introduced same. But no bar, group, association is encouraged for millions of suffering litigants. And true independence for aam admi can only be achieved when such body is formed, there is a Janata darbar once a month in courts ( for administrative issues), when chief Justice visit that time they meet only staff and advocates and not Aam Admi. Which Arvind Kejriwalji will ensure if elected. There must be one PRO ( can be retired registrar and salary can come from litigants bar) to help and assist and guide suffering litigants.
Many British time procedures must be changed by appointing committee and modernize court working.
Utterly Bitterly yours , ...know making many enemies as there r hardly any brave who can take constructive genuine criticism. But some one has to raise these issues
Thanks and Regards,
Alok Tholiya,
• Pl. fwd./ circulate this mail if you think the issues raised here needs wider audience.
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