Order 41 of CPC
Querist :
Anonymous
(Querist) 08 June 2010
This query is : Resolved
Pltf.filed suit for declaration and injunction about his agr.land against the govt.wherein my client applied for joining him as party on the ground that the said land was included in gaucher and so land does not belong to him,but this appl.was rejected and in HC,the Hon.court directed the Collector to look interest of Gauchar etc.and so my client's writ was rejected.The suit is now decreed.The Govt. took no part in the kproceedings as per the direction of the HC.Though I was not a party to the suit can I file appeal before the District Court ? My interest in the suit is only to protect Gauchar land as I am also having cattles.
Raj Kumar Makkad
(Expert) 08 June 2010
Unfortunately as per legal provisions, you cannot file an appeal against the judgment of lower court but definitely you can file writ before HC on the ground of earlier decision.
Querist :
Anonymous
(Querist) 08 June 2010
Thanks,but sir will you please refer AIR 1979 Orissa 175 ?
