INJUSTICE OF INDIAN JUDICIARY

Om Guruve Namah

In which country in the world there is a law to pass order in favour /against of dead plentiff and defendant both. Following instance related to same issue:-
This instance of world judicial history prove that the corruption in India and specific in U.P. is flourishing and reached at the peak in the judiciary irrespect of upper and lower in our country. Often the councils of both plaintiff and defendant fall in connivance in order to cheat and cause avoidable delay in justice and extortion of money. The violation of law by these so called lawyers and judicial officers has reached to such an extent of looting and anarchy. It’s a matter of grave concern that the judgment to have been passed in the open High Court are tempered for ulterior motives and kill the spirit of order while reaching over the internet. Since no voice can be raised against the judgment of the court and no accountability can be fixed the judiciary is at full liberty to act as they deem fit for their vested interests. Is the example of the foregoing narration legal?

1. P.A Ex. Case No. 03/1996 was continued in the court of Civil Judge (S.D.) Farrukhabad without substitution of legal heirs where as the plaintiff Shanti Sawarup Bhatnagar and defendant Shyam Sawarup Bisaria died on date 23.01.1998 and 09.01.2006 respectively as already remarked on order sheet.

2. The application of substitution of legal heir of plaintiff was accepted after 15 years of death of plaintiff without there being an application for condoning the delay. Please note that the legals heirs of plaintiff executed the power of attorney in favour of Sanjeev Paria the husband of purchaser of the said property Mala Paria and Sanjeev Paria in turn exercised / applied for substitution of legal-heirs.

3. No vakalatnama of late defendant was available and the late defendant was not informed to this effect. Further more the case was continued without substitution of legal heir of defendant Smt. Kamala Bisaria.

4. The judgment was passed on the third day w.e.f. from the date on which a period of seven days was allowed for amendment in the case.

5. The Judge Expressed interest & advice for the daily hearing of the case in absence of an application for daily hearing. Please note that without daily hearing the file remained in the court room continuously from 20th April, 2013 to 3rd May, 2013.

6. The information of death of plaintiff was concealed by the councils (father and son) of plaintiff.

7. The property in reference was sold by the legal heir of the plaintiff even then an order for dispossession was passed by judge indicates the clear cut conspiracy and cheating/fraud by involvement of the court and allowed only 24 hours by issuing the order( Parwana) on Saturday at 12:00 noon in the morning court .

8. In the absence of knowledge of proceeding of Case and no advance information was provided to the legal heir of defendant by the court and police. Sanjeev Paria, the secretary of Distt. Bar Association, Farrukhabad, U.P. continuously elected for fourth term along with his follower and fellow lawyers, anti social elements, anarchists and escorted by the police reached to our residence (the property in question) in the absence of my family members and broke the lock of my campus and entered in the house and looted the jewellery/gold and silver ornaments, old ancestral documents, house hold belongings, antiques of fore-fathers & took the possession of the house by force. Mr. Paria being an advocate spoiled the image of noble and respectable profession of advocacy and judiciary. Our residential house under rent control act was demolished by J.C.B. machine but the compliance report to the court concealed the fact of demolition of the said property by the police.

9. The then Civil Judge (S.D.) Farrukhabad. Ramchandra was promoted and transferred inspite of fact that Ramchandra committed the violation of statutory provision involving in sordid activities as mentioned from para one to eight.

10. This is to mention further that original suit no.350/1986 for specific performance in connection with this property pending with the other court of Ad. Civil Judged (S.D.) II Mohammed Rafi was dismissed on date 21.12.2012 at 10.30 a.m. under the personal influence of Sanjeev Paria who is husband of Mrs. Mala Paria the purchaser of same property. The certified copy of the sell deed of the said property is missing from the file of the case in order to misguide to the court.

The points raised above are in conformity with the existing laws or not? I am sure that no person of common prudence & intelligence will agree with these anomalies distortions, violation of law & passing of abrupt, absurd, ambiguous, decisions by the court.
The said instance took place on Sunday 5th May 2013 in Distt. H/Q Fatehgarh Distt. Farrukhabad at a distance of one kilometer from office/residence of D.M. and S.P.
This is to state that Smt. Kamla Bisaria along with his family was residing in the said house since 1949. Smt Bisaria 80 + years and suffering from many a disease & partial pension holder was in Kanpur along with his caring son Sunil & his wife when demolition, looting of the house was committed by Sanjeev Paria’s gang. As soon as Sanjeev Paria accomplished with his persons gathered in front of our house was informed to me over phone. I immediately informed to the D.M., S.P. Fbd & expressed concern for any untoward act by Sanjeev Paria an egocentric & reckless arrogant secretary of Bar elected for 4^th term continuously. Even then our house was demolished & looted, which indicates that unlawful act of demolition & looting of the house was committed because no action was initiated by these authorities.
Since we had no hope of justice from Distt. level therefore forwarded the complaint along with an affidavit of my mother Smt. Kamala Bisaria addressing to C.J.I. along with complete order sheet, so many proofs duly attested/certified copies of 64 pages bunch to C.J.I., C.J. U.P. & D.J. Fbd. by speed post on 26 June 2013. This is to further state that registered power of attorney was executed by the legal heirs of plaintiff in favour of Sanjeev Paria on date 14.11.2011 at 3:16 P.M. subsequently on the same date i.e. 14.11.2014 at time 4:07 P.M., the registered sell deed was executed by the legal heirs of plaintiff in favour of Mrs. Mala Paria W/O Mr. Sanjeev Paria. After 5 month a reminder along with bunch of previous complaint was sent to only C.J.I on 28 Nov. 2013 by speed post. The C.J.I. & C.J.U.P. responded to the complaint & asked the D.J. to carry on the inquiry but my mother Smt. Kamla Bisaria (complainant) was not called for hearing so far & the fate of the findings of the case remained obscured till now. My mother is in depression & her health is deteriorating day by day & may be fatal to her life. In the absence of any legal action against any of these culprits by the civil & judicial authorities, the culprits are over enthusiastic & often intimidate our family members for causing financial, physical & loss of life if I further go for any action against them. Mr. Paria is the local resident born, bought up & educated in Fatehgarh, farrukhabad & he is running many educational institutes and above all being secretary of Bar, Mr. Paria can easily manipulate & influence the affair & proceeding of the court in the present corrupt state of the country.

There are two reasons, One the lust of greed & the other being muscle & political power on authorities not to provide lawful reasonable honest verdict in this case.
Under these circumstance whether the judiciary & the justices deserve to be called & be treated as the supreme authority of the country. The justice don’t fall within the purview of impeachment therefore they are at full liberty to act in a way as they like and deem fit & don’t care the binding of laws & statutory provisions.
It is most important to note if the contents of the complaint & affidavit of Smt. Kamla Bisaria were false, fabricated & wrong. Why not the action was initiated against her even after more than one year and four months? It is solid proof that Chief Justice of India & Chief Justice of Uttar Pradesh is anarchy and corruption supporter.

Date-27.10.2014

sunilbisaria@gmail.com Sunil K. Bisaria (Ex. Journalist)
+919452432103 S/O Complainant Smt. Bisaria