Petitioner fined for filing frivolous petition
November 14th, 2009 - 6:52 pm ICT by IANS ( Leave a comment )New Delhi, Nov 14 (IANS) Terming a petition in a property dispute as filed “just to waste the time of the court”, the Delhi High Court has slapped a fine of Rs.10,000 on the petitioner.
Justice V.B. Gupta Friday imposed a fine of Rs.10,000 on Urvashi Walia, who filed the application for restoration of an appeal which was dismissed in May 2004 because the petitioners never appeared for the case.
“These applications for restoration of the appeal as well for condonation of delay, are ill conceived and legally not maintainable as none of these applications have been signed by the remaining legal heirs. Under these circumstances, present applications have been filed just to waste the time of this court,” the judge said.
In her plea, Walia cited how the respondents in the case had, in June this year, started removing the dividing wall between the properties of both the parties, which was the main cause of filing the case earlier.
She also said that the advocate engaged by her family never informed them about any development in the case, which resulted in dismissal of the appeal in 2004.
Noting the application seeking condonation of delay was not signed by any other legal heirs besides Walia, the judge said the application has been filed after more than five years and was not maintainable.
“As per averments made in the applications, Walia’s father died in 1989. As per averments made in the applications, there are four surviving legal heirs as on date, after death of the appellant. However, present applications have been filed and signed by only one of the applicants namely Urvashi Walia. There is no application on behalf of remaining legal heirs at all and hence it is non-maintainable,” the court said.
- Use discretion to further ends of justice: Apex court - Nov 07, 2011
- Brothers fined for filing frivolous petition - Sep 02, 2010
- State-run firm fined Rs.50,000 for frivolous plea - Aug 16, 2010
- Firm fined for misusing court jurisdiction - Sep 29, 2010
- Court fines tenant for harassing owner - Mar 01, 2010
- Court dismisses plea to make Tata, Ambani co-accused - Jul 13, 2011
- Court rejects pleas to make Anil Ambani, Ratan Tata 2G co-accused - Jun 02, 2011
- Petitioner fined Rs.30,000 for frivolous suit - Jul 22, 2010
- Murder accused MP Padamsinh Patil fined Rs.10,000 - Jun 07, 2011
- Pak Court dismisses plea seeking quashing of FIR, ATC trial against Taseer's assassin - Jan 21, 2011
- Frivolous plea against PM costs lawyer Rs.1 lakh - Aug 30, 2011
- Apex court divided on black money SIT - Sep 23, 2011
- Court notice to police for not filing FIR against Kumble - Jan 06, 2012
- Murder accused MP Padamsinh Patil fined Rs.10,000 (Lead) - Jun 07, 2011
- Frivolous petitioner told to pay Rs.20,000 to Red Cross - Sep 21, 2010
Tags: advocate, circumstances, condonation, delhi high court, gupta, legal heirs, more than five years, New Delhi, petition, petitioner, petitioners, plea, property dispute, respondents, walia