Dismissal of appeal suit for the second time
Balaji Bakthavathsal 
(Querist) 04 February 2025
This query is : Open
Respected Learned Lawyers,
An appeal Suit was filed before the Additional Sub-Court against the ex-parte judgment/decree awarded by the lower court in a civil suit seeking permanent injunction. The suit was filed by the power agent whose power of attorney got cancelled but who went ahead and registered the Sale Deed. The appellant knows pretty well that he can’t win the suit and dragged it for more than 6 years without presenting his side of arguments through his counsel and the suit got dismissed for default of appellant on 27-06-2022. The appellant again submitted a petition with the prayer to revive the appeal suit and after the court granted his prayer, the appeal suit was further dragged without presenting the appellant side arguments. Finally the suit got dismissed on 03.02.2025 for the second time for the very same reason.
Now my questions are :
i) what are the options available to the appellant ? Can he submit another petition to reopen and restore the suit ?
ii) Can he file second appeal ?
iii) Where he is allowed to file the second appeal ? In the District Court or High Court ?
iv) How can further appeal can be stopped ?
v) Can I file a damage suit for wasting my time, energy, money and giving mental torture for the most vexatious suit which was not cared by the appellant and he simply wasted the court time ?
N.B. : I am the primary respondent
