Slp in supreme court
dheepak srinivasa
(Querist) 20 November 2012
This query is : Resolved
I have filed an SLP against an madras high court order(CRP) but this madras high court order has been passed on an appeal of an IA in the Original Suit(OS) of the additional court.
Now the main suit(OS) itself has been dismissed in the additonal court. But my SLP against the madras high court order is listed for hearing on 7.01.13.
what happens to this SLP? can I argue the matter on merits eventhough the main case in the lower court(additonal court) has been dismissed? can I tell the honorable judge that in IA he has told I have a case of mortgage so ABJ not granted which has been upheld by the madras high court therefore there is a conflict of judgment in the same court therefore retrial to be ordered.
R.K Nanda
(Expert) 20 November 2012
SLP has become useless and liable to be dismissed or withdrawn.
Devajyoti Barman
(Expert) 20 November 2012
Yes it would become infractuous.
Fie another SLP against the order passed in the original so that later the court may hear both the cases jointly.
Raj Kumar Makkad
(Expert) 22 November 2012
You shall have to withdraw the SLP as Supreme Court shall decline to hear in the changed circumstances.