Article 226 or article 32
dheepak srinivasa
(Querist) 11 January 2013
This query is : Resolved
Sir
I have got a judgement from the sessions court dismissing the suit based on limitation and jurisdication. But in the order itself the period of limitation with dates is given and is calculated against the limitation act itself by including the first day and excluding the last day instead of exculding the day the limitation starts and including the last day as per section 12(1) of the act.
Jurisdication was first decided by the high court by leave to sue and than the case was transferred after this to the session court.
Both instances are against the article 14 which says equality before law. when the entire india follows the limitation act and jurisdication in one manner but the judge who pronounced my judgment has his own limitation act and own heirarchy by not following the HC ruling of juridication thereby going against article 227
Now can I file a writ in Hc or SC against this judgement as my fundamental rights PART III under article 14 has been violated by an unconstitutional judgment by the judge instead of regular appeal? is it not mandatory for all the judges to follow article 375 which says all judgements cannot exceed beyond the constitution?
Raj Kumar Makkad
(Expert) 12 January 2013
Instead of making your case as of violation of constitutional and fundamental rights, it is better for your to file regular appeal before high court and get the desired relief thereto.