Legal advice for revert of case.
NIMESH
(Querist) 28 December 2019
This query is : Resolved
Dear Sir,
I had filled case for encrochment on my land before Tehsildar and into civil court. The Tehsildar decided the case into my favour but into civil court it was decided against me and now i went into appeal. My lawyer advise that we will revert the case back to lower court their we argue and will withdraw the case. I want to know whether it is legally possible and what will be impact if we do like this? Will the earlier order issued by civil court will be valid or not?
Sb Karma
(Expert) 28 December 2019
Its all possible but with special circumstance only....which only your local lawyer can know best.
So believed him he will assist you best
K Rajasekharan
(Expert) 28 December 2019
The lower court order will remain in force till the appeal court takes its decision on the appeal.
The party to the case cannot suo moto brings the case back to the trial court.
If the appeal court is the only forum which can revert the case back to the trial court in case the case needs a fresh trial or decision by the court which had already decided the case.
R.K Nanda
(Expert) 29 December 2019
Not possible until appeal is decided.
T. Kalaiselvan, Advocate
(Expert) 29 December 2019
The appellate court, if remands the matter to the trial court then the trial court may re-conduct the trial on the basis of additional evidences and other issues, if it still passes a judgment against you then you can prefer another appeal against the aggrieved judgment
ashok kumar singh
(Expert) 03 January 2020
as it appears from your query the facts has not been transpire in its entirety, therefore this is not wise to put any comment so far in any mode either in term of suggestion or advise so far, requesting you to provide the entire facts for any query.
Thanks" & Regards'
Ashok Kumar Singh,
Advocate
Dr J C Vashista
(Expert) 05 January 2020
How the two cases were maintainable for the same cause of action i.e., before revenue (Tehsildar) and Civil Court?
Whether the opposite counsel connived or ignored?
NIMESH
(Querist) 05 January 2020
It was totally a connived matter as the opposite party not ask for relief but the civil court has ordered 25 feet road from my land and tehsildar court has mentioned that there is no road from the land. Now my advocate suggested to file application for revert of case and then we argue and withdraw the case so that then the tehsildar order will be final. Please suggest whether above step is correct in the above matter.
Thanks in Advance.
Sb Karma
(Expert) 07 January 2020
your advocate knows best...because he is all with your docs.so for more reference you can consult with other local lawyer...but in my view your lawyer know your case best than us,because we are via online....
so go with him(local lawyer),he will assist you best...all the best
