query regarding a decision of a judge of the Allahabad high court
Querist :
Anonymous
(Querist) 07 April 2011
This query is : Resolved
My question is that firstly a appeal decision in a certain property involving case was passed against us on a wrong date i.e., not on the date assigned to us for hearing but a day before that without even giving us even one opportunity to be heard and without our/our counsel's knowledge.The order passed was against us in which the Allahabad High Court straightaway set aside two orders of trial court which were in our favor overlooking all the evidences which the trial court had considered while deciding in our favor and instead the HC directed the trial court to reconsider their judgments.This despite the fact that since 27 long years all trial court judgement have been in our favor.I do not get as to why the High court gave such an order without looking into any of the reasons for which the trial court had decided in our favor both the times.Moreover,this order was passed without even hearing us once.Further,upon our filing a recall application for reviewal of this order of the HC,the court again typed DITTO order as earlier without citing any reasons for doing so.This has aggravated our problem further because it is very difficult for us to start from the trial court level all over again without any fault of ours.Where do we approach now and how do we get our matter heard again in OUR PRESENCE in the HC because this is GROSS INJUSTICE TO US AND CLEAR VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE.WHY SHOULD WE START FROM THE TRIAL COURT LEVEL WHEN ALL THE JUDGMENTS HAVE CONSISTENTLY BEEN IN OUR FAVOR FROM ALL THE LOWER COURTS?I had even mailed my problem in detail to the CJI of High Court Of Allahabad but have received no reply till date.What do I do?PLEASE HELP ME AS SOON AS POSSIBLE.
Kirti Kar Tripathi
(Expert) 07 April 2011
if you are aggrieved by that order, you may file second appeal in division bench.
