Jurisdiction
Soma
(Querist) 24 November 2009
This query is : Resolved
Judgment of a consumer case was passed on 28.08.2008.
OP did not comply with that.
Now execution case filed..
In fact I found that no consumer case actually lies against them. It is a simple case of sale of land. one agrees to sale 2 decimle land to other and enters into and simple AGREEMENT FOR SALE.. However the complainant(purchaser) managed to get a judgment against the seller.
It is a simple case of transfer of property over which CDF has no jurisdiction.
However no appeal was preffered...Now execution case filed..
What remedy I have?
Revision petition in State Forum possible?
WRIT against the judgment possible?
Objection as to jurisdiction in the execution case itself lies?
Any other remedy?
adv. rajeev ( rajoo )
(Expert) 24 November 2009
Appeal against the order in the state forum. Condonation of delay application is must.
Raj Kumar Makkad
(Expert) 24 November 2009
As the order is a nullity and cannot be executed hence it shall immediately be entertained in appeal.
Silabhadra Sastry Advocate
(Expert) 24 November 2009
You can file an appeal in state commission for seting aside the order, or during hearing if you feel it will not be setasided then you can ask for remanding the case to forum again, for re-hearing of the case, giving you chance to file version.more over this is a case would have been filed in Civil court under specific performance of contract.Silabhadra Sastry,Advocate,Bhubaneswar
H. S. Thukral
(Expert) 24 November 2009
It is a fundamental principle well-established that a decree passed by a
court without jurisdiction is a nullity, and that its invalidity could be set up
whenever and wherever it is sought to be enforced or relied upon. Lack of jurisdiction,whether it is pecuniary or territorial, or whether it is in respect of the subject-matter of the action, strikes at the very authority of the court to pass any decree.
You can agitate the issue in execution proceeding or file a writ petitionfor a remedial action.
Soma
(Querist) 24 November 2009
Sir, Harbhajan Singh Thukral....Please tell me whether in this case WRIT CAN BE FILED AGAISNT CDRF?
which WRIT shall be appropriate?
Devajyoti Barman
(Expert) 24 November 2009
I fully agree with Mr Thakur. The writ would be filed against the decree holder and not against the consumer forum.
Shyam Ji Srivastava
(Expert) 24 November 2009
NO WRIT LIES AGAINST ANY ORDER OF CDRF.
IN EXECUTION ONLY ORDER WILL BE EXECUTE NOTHING ELSE.
H. S. Thukral
(Expert) 24 November 2009
It is always discretionary with the High Court to exercise its writ jurisdiction when another remedy equally efficacious is available to the party, but when the error on the part of an inferior Tribunal is manifest and patent the Court will be justified in stepping in to correct it instead of directing the aggrieved party to go through the tortuous way of a regular suit to have it corrected.
Writ can be filed under 226/227. There are cases where the HC's have intervened in similar cirucmstances.
Please read an elaborate case law of Andhra HC Dealwell Engineering Works vs V.V. Choudary And Anr. on 10/3/1993
Soma
(Querist) 24 November 2009
Harbhajan sir thatks for your valued advice.. thanks to all other seniors too..
