Multiple suit
Querist :
Anonymous
(Querist) 20 October 2022
This query is : Resolved
Initially My father had failed a suit for declaration and a permanent injunction suit against his 2 brothers. The property was mortgaged long back with one of the brothers.
Trail court decreed the suit in favour of the plaintiff(my father) subject to redemption of a mortgage in favour of one of the brothers (Defendant 1)
Subsequently, Defendant 1 filed an appeal.
My father(Plaintiff) filed a separate new suit for redemption of a mortgage in trial court.
We also contested the same in the Appeal filed by Defendant. In the first appeal it was decreed fully in our original plaintiff's favour. It was held mortgage was redeemed as well.
In the second appeal filed by Defendant matter was remanded by High court for consideration of additional evidence filed by the defendant during the first appeal. Now after the matter is remaned to the trial court, the defendant is arguing plaintiff can not claim redemption of the mortgage since plaintiff has filed new suit for the mortgage of redemption and hence, the mortgage should be considered as not redeemed. However, the high court has remanded the matter only for the limited purpose of considering additional evidence.
Can you please suggest
T. Kalaiselvan, Advocate
(Expert) 24 October 2022
If the defendant is projecting a different reason and going into the subject which has not been covered by high court then nothing prevents you from objecting it and get his case dismissed
If the mortgage was redeemed by an order of court, he can challenge the same only by filing an appeal against it.
