About court fee in suits of immovable property

I will try to send emails on the entire material required for such topics within a day.

You have to file regular appeal RA in appeal  court to set aside the lower court judgement and decree ,you file  appeal in appeal court with condonation of delay and also take injunction against FDP until appeal is decided not to proceed fdp proceedings .you have  to pay same court fee for partition as paid  in trial court.

Yes, Sir. 

Filing an appeal with condonation of delay appears to be a good option. 

Another option is, can I challenge in Supreme Court the decisions of lower court and High Court that my interlocutory application (IA) to set aside the preliminary decree obtained by fraud is not maintainable? As a defendant, am I not entitled to defend myself against a decree obtained by fraud? 

No you cannot waste of time and money  trial court judgement  is questioned in appeal court only , if appeal court dismiss then u have right to approach high court thru RSA,if trial has conducted in district court then you can approch high court.

"I am on the defendants side in the partition suit and I had already filed an IA (interlocutory application) within the same suit in the lower court and prayed the lower court to set aside the preliminary decree saying that it is obtained by fraud. It was rejected without even numbering saying that it is not maintainable. In a Civil Revision Petition, the High Court also said it is not maintainable. They say that a preliminary decree (or any other decree) cammot be set aside in the same suit in which it was granted, even if the suit is still pending. They say a separate suit has to be filed to set aside the preliminary decree. They said that this partition suit was filed by the plaintiff claiming certain RELIEFS. Now if you want your own RELIEFS, then you must file your own suit. Now the question is, whether setting aside a preliminary decree obtaned by fraud can be termed as a RELIEF ? My contention is that I am merely defending myself against a preliminary decree obtained by fraud and that I am entitled to defend myself against a preliminary decree obtained by fraud, and therefore the preliminary decree must be set aside in the same suit. But they say it is a RELIEF and therefore I must file a separate suit."

What is the  fraud and how has it influenced the decree?  Is not the statutory appeal against the judgment and decree a sufficient remedy?   

 

District Court granted preliminary decree. Already there was a first appeal in the High Court against preliminary decree granted by the District Court.

Fraud was played upon the High Court during the first appeal. 

What is the fraud? After the District Court granted preliminary decree, the plaintiff sold one of the properties and concealed it from the High Court. They also misled the High Court and got the property removed from the preliminary decree. 

Appeal to Supreme Court may be a remedy, but there has been a lot of delay. Usually the Supreme Court rejects many of the Special Leave Petitions. Success rate at the stage of SLP and at the stage of subsequent appeal is very low. 

That is why I have been trying to avoid going to Supreme Court. 

That is why I have been trying to do something in the lower court or High Court itself. 

There are many judgments of Supreme Court which say that a decree obtained by fraud is a nullity and it can be challenged in lower courts also. Even the decree of a High Court or Supreme Court can be challenged in a lower court. I have been trying to make use of this. 

Appeal to Supreme Court against the preliminary decree granted by High Court --- is my last option. 

Thank you all of you for your helpful answers. 

What are them Case Nos.?

How will the case numbers help you?

It is a learning process, where members may pay special attention to read the entire judgment in full so that the advice covers all aspects.

Dear Sirs, 

The judgment would look like any other judgment in a partition suit. 

There is nothing related to FRAUD in the judgment, because those facts have been suppressed from the Hon'ble Court, and that is exactly why it is FRAUD. 

If the facts relating to FRAUD were already adjudicated in the judgment, whether rightly or wrongly, then it would no longer be termed as FRAUD. It could be only termed as ERROR, if decided wrongly. 

The decree and judgment have to be set aside by showing that certain facts were suppressed and therefore FRAUD was committed and therefore the decree has to be set aside. Naturally, the judgment would not contain anything related to that. 

This question is about court fee for cancellation of decree and other related issues. Obviously there would be nothing related to those issues in the judgment. 

I do not wish to post too many details on a public forum. I definitely do not have any hesitation to meet all of you and I would be very happy indeed  to meet all of you in person and share the details. Anyway the judgment would not throw any light on the issues that we discussed here so far. 

In fact, in some of my questions on this forum (posted with a different name), I requested the experts to share their contact details, but they did not share them. I posted my email id and asked them to send an email to my email id, but they did not do that. 

Krishna Kishore

The property sold was  in plaint schedule,in judgement and  decree that property was included or not, whether that sold property was also decreed or not  ,when they deleted that property ,before or after or at appeal in high court  ,you have plaint copy first served ,when they filed petition to delete sold property ,you didn't rise objections to that .

Any further suggestions are futile, the querist being unwilling to post precise facts.

I already provided a lot of information. 

Each and every detail cannot be provided on this public forum. 

There are two possibilities.

(1) First possibility is some queries were already answered by the experts on this forum. In that case, many many thanks to the experts on this forum.

(2) Second possibility is some queries were not answered by the experts on this forum. In that case, I have no comments. 

Each and every detail cannot be discussed here. Case numbers cannot be given here, because the case is still pending. 

If experts are not willing to give their contact details, and if they are not interested in having private consultations, and if they have their own constratints, they must also understand that I have my own constraints. 

I will not post any more responses here. 

Many thanks to all of you. 

Good bye. 

Strange! Query posted by Krishna Kishore is concluded by T.K. Das?

Both Krishna Kisore and T. K. Das are working together on the same court case. 

We posted a couple of other queries too on this forum. 

One is a party and the other is a junior lawyer. 

Thank you.