Appeal in session court us 96
Manmohan Kapoor
(Querist) 14 March 2014
This query is : Resolved
Having land on my Late Grand mother's name. virasati intaqal is in the name of lr s. opposite party is my grand mother's brother. They have false will of my grand mother.Now we have the mutation in our names and they have possession. They presented will to naib teshisldar it was rejected & matter forwarded to District Revenue Officer. there also rejected & order passed in our favor. they appealed to Deputy Commissioner appeal rejected, they apppealed Divisional Commissioner There also appeal rejected, Same with Financial commissioner their appeal rejected. they filed civil suite decision of the lower court inspite of we were ex parte judgement came in our favor (decree). NOW THEY HAVE FILED APPEAL IN SESSION COURT MY QUERY IS 1. DO WE NEED AN ADVOCATE FROM OUR (DEFENDENT SIDE) IF WE WERE EX-PARTE IN TRIAL COURT. 2.NORMALLY WHAT CAN BE THE JUDGEMENT OF SESSION COURT IF THE CASE IS IN OUR FAVOR FROM EVERY LOWER COURT AND AUTHOROTIES. KINDLY ADVICE.
yogesh
(Expert) 14 March 2014
advocate act as represnetative of party..Its depend upon the merits of case and attending circumstances and convicnce the court about the circumstances in which exparte order was given
Devajyoti Barman
(Expert) 15 March 2014
Appeal court has power to reverse the decision if the case has such merit.
Do not take any chance. Engage a good civil lawyer to contest the case in sessions court.
Rajendra K Goyal
(Expert) 15 March 2014
It would be better to engage the services of good lawyer at appellate court. Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 15 March 2014
Do not be under the impression that you will win everywhere and every time by just sleeping in your home. Chances that the sessions curt reverses the judgment of lower court, then you have to spend for an appeal above that, instead, better to engage a lawyer and challenge the appeal on merits.
Surrender K Singal
(Expert) 16 March 2014
Nothing stops you from arguing your case before District Judge yourself in-person if you feel sure of your merits and do not want ant legal expert support ! But ex-parte chance may not succeed everytime !
