Appeal
B S Kainth
(Querist) 20 July 2013
This query is : Resolved
Respected Members ,
In High Court , an appeal was pending ,we are the respondents.
On two dates TCR didn't received
On third date TCR was received , but without hearing respondents Hon'ble Justice admitted the appeal .
Two important facts Court didn't considered that court fees was not properly filed .
Decree by trial court was made but security was not deposited by appellants.
What we have to file against that order
(revision / writ /..)
To whom we have to mark
Please advise what to do.
Devajyoti Barman
(Expert) 21 July 2013
Now only SLP lies unless you wait for the next hearing to seek reveiw of the order.
prabhakar singh
(Expert) 21 July 2013
You have not stated what kind of appeal it was?
In my opinion when an appeal is provided as a remedy by any statute,respondent do not have any right to oppose admission of appeal as that is purely a matter between appellant and court even if it be a second appeal and first appeals can never be refused to be admitted.
As regards to other kind of your objections they are purely irregularities and can be cured at any stage of the proceedings,hence
in these circumstances any SLP may prove quite expensive for no good.
Rajendra K Goyal
(Expert) 21 July 2013
Agree with the expert prabhakar singh ji.
B S Kainth
(Querist) 21 July 2013
Respected Prabhakar Ji,
Suit for recover of possession and mesney profit was decided by adj in favor of plaintiff . defendant moved to High court for appeal .On very first date High court issued show court notice to us . We replied on time but on given date court didn't even bother to hear us and simply adjourned the matter for 5 months and admitted the appeal. as OUR REPLY is on record can we file any motion or application that we where not heard and appeal id not maintainable. Can we file writ or appeal against the impugned order .Pls reply
prabhakar singh
(Expert) 21 July 2013
If stay of operation of judgement appealed against has been granted without affording you hearing despite your appearance then you have several remedies(best of all would be SLP suggested by Mr.Barman) or a review but you can not file any fresh writ or appeal against the impugned order IS MY REPLY.
B S Kainth
(Querist) 21 July 2013
Sir review is good
