Appeal against order passed contrary to law.
JAIME
(Querist) 09 January 2013
This query is : Resolved
In a case against two trespassers who jointly carried out a part compound wall in my property, one trespasser expired and the LRs sought to be brought on record after expiry of limitation period of 90days. I objected in terms of CPC and limitation law. The magistrate allowed the application of LRs in contravention to the law of limitation and condonation delay and stated that the LRs ought to be on record to get justice. One trespasser is alive to carry on with the case. I sought to file an appeal through my lawyer but the Head Clerk at the District Court asked my lawyer to cut Civil Appeal and write Revision. According. My case does not have the grounds for revision but have grounds for Appeal according to CPC. Is the head clerk of the court right to compel us to seek revision?
Guest
(Expert) 09 January 2013
The head clerk has no authority to decide the maintainability of the case. He possesses no judicial authority. It is for the court to decide whether an appeal is maintainable or not. If he does not register the appeal give a written complaint to the District Judge.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
District Courts, Amritsar & Chandigarh
Devajyoti Barman
(Expert) 09 January 2013
It is a point of law for which you may argue before the court itself whether appeal or revision lies against such order.
Devajyoti Barman
(Expert) 09 January 2013
It is a point of law for which you may argue before the court itself whether appeal or revision lies against such order.
Raj Kumar Makkad
(Expert) 09 January 2013
I do agree with both experts, however, there is no force in your appeal or revision what ever it may be as this is a routine to implead legal heirs in the case so as to do complete justice.
