Appeal on decreed partition suit

It appears apparently that all necessary parties were not included as parties in partition suit, and if it is a fact then the judgment suffers for lack of jurisdiction.  It is also not clear as to whether EP was filed or pending.  Unless EP is filed, one can not seek for declaration.

It is also not clear as to your mother's status in the suit, and as to whether she has filed the Registered gift deed of her father's self acquired property.  It is also not clear as to why your mother after coming to know of the suit, has not impleaded in the suit   (There is confusion as to whether the suit is a partition suit, or filed by class 1 legal heirs on intestated property.)

• You can go for apeal to higher courts.

• For every appeal, there is a limited period, within which appeal should be filed. Such a limitation is provided under the Limitation Act, 1963.

• For appeal, in case of a decree passed by lower court in civil suit, the limitation is :

• Appeal to High Court - 90 days from the date of decree Or order.

• Appeal to any other court - 30 days from the date of Decree or order.

Thanks for your inputs Prasad ji and Rama Chary ji.

The suit is a partition suit. After the knowledge about the suit (during final degree summon), mother approached an advocate and he filed a counter in 2009. He attended the hearings till 2010 then stopped attending and never informed us about cross exam dates. Final decree was expartied in jan 2012 as no representation from us.  Seems he colluded with other party to lose the case technically. We got to know all these details recently after 4 years from the decree. EP has not been filed. I’m looking for options to save the property. Seems we cannot appeal in higher court as we crossed the time limits.

Any suggestions are really appreciated..

During my short experience as a lay person in the forum, I noticed the following:

1.Members who are having their own advocates are approaching and posting queries in the forum. I am not aware why this trend is continuing and the reasons stated by you is prevalent in most of the cases, and litigants must have a grip and regularly follow up the cases in their own interest.

2. Most of the queries that require experts opinion and serious issues on questions of law were never replied, and except one or two regular advocates, many of them are not contributing in larger public interest.  In several forums, all professionals in the field  visit the forum atleast once or twice in a week and either learn new developments  or guide members.

3.If the forum can atleast secure the services of one expert per answering 10 queries (maximum) in a day, it is not difficult to get contribution of 365 member experts for proper guidance.

4.In general issues, the replies are mostly from non advocate members, and it is not clear as to whether a Moderator is there  in the forum to correct if guidance is not proper.

This is most prestigious and reputed forum, and several lay persons visit for guidance as last resort.  It is not clear about the developments and improvements being brought in to help other members.   It is time for experts to cater one day per the queries, so that the reputation of the forum continues to grow.

Coming to the query, unless EP has been decided, case can not be concluded.  Unless case is disposed further appeal is not possible.   How to intervene after preliminary decree and before EP is not being answered by experts,, even in the past queries.

I do not know whether it is your opinion or your advocate's opinion that limitation for appeal is over.  To my knowledge when EP is pending (when only preliminary decree that also expartee decree was made) there is still chances of either reviving in the lower court or for filing appeal after case is disposed.

Hope some experts may hear your problem and offers suitable guidance.