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Priyanshu Mehta (BUSINESS)     16 March 2023

Civil appeal

Hello sir,

Can you help me with civil appeal query please

The plaintif whose civil suit was dismissed by lower court in the absence of property evidence and declared as tresss passer..

The plaintiff has filled civil appeal at district court which was allowed...

The defendant has requested two dates i.e 4 months to hire an advocate..

After 4 months the defendant came with an advocate and judge has fixed date for arguements after 10 days...

I have a query that :

1. Do the defendant has to file reply or if the reply is not filled by defendant then will it affect the appeal if the appel will won by plaintiff?

2. Can yhe defendant request court to allow him to file reply and after that the case can be kept for arguements?

3. Whe the judge has kept on arguement instead of allowing reply to defendant is this proper ?

4.  If defendant did not filled reply then will it be create any issue to the defendant ??

5.  What are the pros and cons for not filling reply and just argue the appeal for defendant ?

Your reply will be very helpful to me...

Please do the needful.

Thank you..



Learning

 5 Replies

Dr J C Vashista (Advocate)     16 March 2023

You have stated, inter alia, that,

"The plaintiff has filled civil appeal at district court which was allowed....."

The appeal is stated to have been allowed, there after case cannot be reopened for the sake of respondent as stated by you.

Recheck with your lawyer who is an able, competent and intelligent enough, well conversant with facts and circumstances of the appeal, besides the fact s/he is engaged / paid / obliged to satisfy your queries and questions.

Real Soul.... (LEGAL)     16 March 2023

It appears that the appeal is not allowed but admitted;

1. Do the defendant has to file reply or if the reply is not filled by defendant then will it affect the appeal if the appel will won by plaintiff? Appeal is in continuation of suit, and many times the appeal is heard even without submission of WS. But if any new point or issue has been raised in appeal then the defendant asks for time to submit reply statement 

2. Can yhe defendant request court to allow him to file reply and after that the case can be kept for arguements? yes  he can and court will grant him time for that.

3. Whe the judge has kept on arguement instead of allowing reply to defendant is this proper ? Replied above -as in question 1.

4.  If defendant did not filled reply then will it be create any issue to the defendant ?? as in question 1

5.  What are the pros and cons for not filling reply and just argue the appeal for defendant ?  The record of suit is called by court and that is attached with appeal and court traverse through that, Still the WS is preferred 

Priyanshu Mehta (BUSINESS)     16 March 2023

Dear Sir,

Thank you very much everyone for helping me. In the continuing to my post i have following queries. Please help me out.

1. The appeallant did not have any evidence only pleadings then can he win or the case remanded back to lower court which was dismissed ?

2. The appeal status shows R & amp;P what does it means ?

3. The plaintiff came in appeal with same arguments submitted in lowercourt then can the defendant has to file reply ?

4. Can defendant file reply and arguements in written after arguements?

5. Is there a chances to win appeal for plaintiff who doesnt have any title documents of suit property and who was declared as tress passer by lower court ?

6. If defendant lawyer does not argue the appeal the will a appeal be ordered against defendant who has won the case by having valid ancestral property title documents ?

7. Is there a chances in appeal for review the evidence submitted to lower court before passing the final judgement ?

Your reply willbe very helpful to me. I am very sorry for asking too much questions.

Pleasedo the needful in this regard.

 

Thank You very much for your great help

 

T. Kalaiselvan, Advocate (Advocate)     16 March 2023

The appeal is a new case hence you may have to challenge the same on the basis of your defence stand taken in the trial court.

Let him repeat the same pleadings made in the trial court, you can express your own version based on the facts you rely upon to get the appeal dismissed. 

Shashi Dhara   18 March 2023

The contention of appeal is the court has to allow appeal  and to set aside judgement passed in trial court  only.


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