Want to reopen civil suit which was already executed
Palash
(Querist) 03 March 2018
This query is : Resolved
Respected sir... I want an advice from your end regarding how I will be able to reopen a civil matter which was already executed in 2010. It was a related to a land dispute which take place between our family and my neighbor. The neighbor has already won the civil suit and by court order they have already executed the degree. In 2017 we identify that the the suit that was filed and order that was executed was entirely fraud. Now we want to do repossession the same piece of land which was executed by my neighbor fraudly. Please let me know if there is any way I can able to do any repossession.
Vijay Raj Mahajan
(Expert) 04 March 2018
File a fresh suit with all available evidence, the issue of res judicata will arise for which you have to satisfy the court new cause of action.
Palash
(Querist) 04 March 2018
Thank u sir for your advice. Actually on my previous suit governing body(municipality) was not involved. We received a DSketch provided by municipality in 2017 where we actually identified that the execution that was occurred was fraud. Moreover we also identified that the documents which was produced in court was also incomplete. The document that was received from Municipality can be my Cause of action.
Dr J C Vashista
(Expert) 05 March 2018
Show the entire case file and documents to some local prudent lawyer, if you have lost faith in your lawyer.
Palash
(Querist) 24 March 2018
Respected Sir. Thanks in advance for all your expert opinion and guidance. I have some query for which I need your valuable expert opinion and guidance. I am witting this as my lawyer is saying that he is not getting the correct cause of action for fresh case. I have found a letter which was submitted by my adjacent neighbor(Mr. X) to the municipality against the other neighbor(against whom we lost the case (Mr. Y)) that after the execution of the order the total land area of Mr.Y is more than as per deed. We have also received a document from Municipality which shows that the total land area of our plot is less than as per our registered deed. Moreover Mr.Y's property deed don't have a proper schedule also don't have any site plan of the property. Could you please let me will both the document can be enough to prepare a Cause of Action. Thanks again for spending your valuable time in reading my query.
