Necessary issues not framed by trial court aswell as appelant court
tej
(Querist) 21 January 2013
This query is : Resolved
resp.experts
1the counter claim was filed by defendant in civil suit filed by me
2.ifiled my say to counter claim and prayed for rs.3000 as compensatorycost for false and frevlous and vexatious counter claim
3.the trial court didnot framed necesary issue on this basis.
4.durin deposition defendant deposed that he has destroyed all record related to counterclaim and now he has nothing /any documentin relation with counterclaim.
5 also the entire deposition is full of lies and contains contradictory statements.
6.during final arguments i prayed for necessary compensatory cost and prayed to frame necessary issue
7 but in judgement it is found that no necessary issue regarding the prayer of comensatory cost came to beframed by the trial court.
8 my suit is decreed partly with proportinate cost and counter claim of defendant is dismissed with cost by adverse inference against defendant for not providing any document in suport of counterclaibut main prayer of compensatory cost not dealt atall
the defendant filed appeal against the judgement even he was not having any document in suport of his counterclaim
i have file my cross objections in form of counterappeal in which i have prayed for necessary compensatory cost on account of falsefrevlous counter claim of defendant also in written notes of argument provided arguments about how the evidence on record proves false and frevlous counter claim of defendant and prayed to frame necessry issue for compensatory cost which remained to be framed by trial court.
the first appellate court was required to follow statutory provisions of ORDERXLI RULE31 but in the judgement of appelate court the court neigther framed necessary issue nor discussed material evidence on recoed and my argument in suport of claim for compensatory cost of rs 3000 from appelant original defndant on account of false and frevlous,vexatious counter claim
now my question is
whether not framing necessary issue can be prayed as substantial question of law in second appeal
i also ed to initiate necessary criminal actions against defendant for making false statements on oath,contradictory statements on oath
pray what other grounds i can pray in second appeal please guide me
thanks in advance
ajay sethi
(Expert) 21 January 2013
it is your case that your
argument in suport of claim for compensatory cost of rs 3000 from appelant original defndant on account of false and frevlous,vexatious counter claim has not been considered
for claiming compensatory costs of rs 3,000 you will be spending more money on legal fees . always adopt a practical approach in litigation .
Raj Kumar Makkad
(Expert) 22 January 2013
It is very surprising that instead of feeling any happiness over the decreetal of your case and dismissal of counter claim of the defendant, you are angry for not providing you Rs. 3,000/- as you claimed and now you are ready to file RSA.
Move ahead and engage a lawyer there for this purpose and if he is a senior lawyer charging more than Rs. 1 lakh from you then he shall also be competent to make further grounds thereto.
leave this matter for him as we all are free for you.
