Binding of writ judgment

Querist : Anonymous (Querist) 28 October 2011 This query is : Resolved
Mr. A has filed a WRIT to dissmiss order of Tribunal before highcourt aganist Mr. B and the said WRIT is dismissed at admission stage itself as too late(more than 35 yrs). can Mr. C who is in possession of property under B through agrmnt of sale take the advantage of said Judgment in a Injunction suit filed Mr.A aganist Mr. C. Mr. B is title holder of property which is in Mr.C's possession. Do the said Jdgment Bind on Mr.C though Mr. C is not a party in the said WRIT. But C's name is projected in the said WRIT memo. Pls advice

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Devajyoti Barman (Expert) 28 October 2011
The Writ seems to be only not admitted , not that it was dismissed and that too on a technical ground.
It would not touch the merit of the case which A may have against B and hence is not of much use in the trial court.

Sailesh Kumar Shah (Expert) 28 October 2011
can you produce judgement copy or extract of it?

prabhakar singh (Expert) 28 October 2011
Before any answer will you please explain the co relation of the writ dismissed summarily
with the ongoing suit????

Querist : Anonymous (Querist) 29 October 2011
Sir in the WRIT Mr. A's contention was he was not aware of the Land Reforms Tribunal's judgment and he was not a party and the property subject to the judgment is in his possession on the basis of WILL of his father and that he came to know about said jdgmnt only after Mr. C started claiming that Mr. C entered into agreement with Mr. B to purchase the portion of subject property. The Court after preliminary hearing rejected the petition reasoning Not impresed with the A's reason and also mentioned in Order if Mr. A was not party of the tribunal proceeding he should have known by this time that his posession is in threat. since the writ came to quash the order of tribunal after 35 years it is a stale claim. Mr.A filed Writ aganist Mr. B on Jan 2010. Mr. A filed injunction suit aganist Mr. C on Oct 2010 and in the said suit Mr. B was not made party and also not mentioned about the Writ. The Writ Petition rejected on Sep 2011. The suit aganist Mr. C is now posted for Mr. A's evedence. Can Mr. C bring this matter before the trail court since Mr. C is claiming that he is in posession on the basis of agrement for sale with Mr. B

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