Can plantiff go to high court or supreme court
Ansh
(Querist) 21 June 2013
This query is : Resolved
Can plantiff can go to High court OR any higher court if, once case is dismissed for default by district court as the plantiff was unable to pay amount ordered by court as stamp duty and penalty. The dismissed for default happened in Mar 2012.
R.K Nanda
(Expert) 21 June 2013
no, as it is now time barred.
ajay sethi
(Expert) 21 June 2013
case has been dismissed as you were unable to pay stamp duty and penalty . what is the sense in filing appeal when you dont have the funds
Ansh
(Querist) 21 June 2013
I want to know possiblities
Ansh
(Querist) 21 June 2013
can he restore case in same district court for same cause
R.K Nanda
(Expert) 21 June 2013
not possible.
Nadeem Qureshi
(Expert) 21 June 2013
Dear Querist
dismissal in default is different from dismissal due to non payment of stamp duty and penality
Ansh
(Querist) 21 June 2013
In order at last it is mentioned that 'Dismissed for default' as the payment of stamp duty and penalty was not made by plantiff. Court waited for 1 year for payment.
prabhakar singh
(Expert) 21 June 2013
If you can count for reasons of such a prolonged delay seeking it's condonation you may file restoration in the same court provided you are now ready with money for duty and penalty imposed.
Anirudh
(Expert) 21 June 2013
The querist is not the plaintiff. It seems he is an opposite party. Therefore repeatedly asking questions to elicit answers that the plaintiff in the circumstances cannot do anything.
prabhakar singh
(Expert) 21 June 2013
You may be right Mr.Anirudh!
i really missed to think this aspect of the matter.
Raj Kumar Makkad
(Expert) 24 June 2013
Appeal can be filed even belatedly with the specific application seeking condonation of delay and if high court is satisfied with the reasons of late filing of appeal then the appeal can be duly entertained.
