Appeal when i am not a party to judgement or decree
Mallesh
(Querist) 09 December 2017
This query is : Resolved
Hi, I was not a party to Specific Performance between Plaintiff and Defendant. I filed an application for impleading me as an Defendant no 2 in the suit. But the court rejected the impleading application, because under specific performance it can not implead who is not part of the agreement. In the meantime the court passed the Judgement against the Plaintiff. Now I want to know if I can appeal in the High Court against the Judgement of the lower court and if yes, can you please provide any judgement for the same. Also if I need to pay the Court fee for the appeal. Thanks, Mallesh
Read more at: http://www.lawyersclubindia.com/forum/Appeal-157295.asp
Guest
(Expert) 09 December 2017
Discuss with a Local good advocate with all details.
Guest
(Expert) 09 December 2017
You could file a fresh suit separately with your valid pleadings in the same court where the earlier case was filed and could obtain a Stay in the same court for the earlier orders.
Guest
(Expert) 09 December 2017
Court Fee to be paid accordingly.Discuss wit concerned Court's Registrar Office
N.K.Assumi
(Expert) 09 December 2017
If any judicial order in a judicial proceedings binds a stranger and not only inter-partes in judicial proceedings, that stranger can file appeal against the judicial order.If such judicial order violate the stranger's FRs, writ can be filed by the stranger.
Guest
(Expert) 11 December 2017
What is your locus standing in the case . This is most imp. thing and you failed to give any information here also regarding it. Means when intervener intervenes in case that time Intervener has to give his locus standing in the suit proceedings, Intervener need to give an explanation why he needs to be party to the suit so on . And Court have to pass order on intervener application. Intervener can latter contest that order too.
But basic ans. you failed to give what is your locus standing
Sorry, I thought proceedings were on, you want to appeal against the judgement, decree but still you failed to state locus standing in the matter. Unless until you tell your locus standing and what exact matter is we can not guide you.
