Any provision of taking surety from plaintiff in civil suit?

Thanks for your time and for that you replied to my query.

Suit has been remitted back for the third time to the trial courts. Two times full trial has commenced and concluded and both times we won. But again first appellate court has set aside the judgement of trial and have ordered to take evidence of handwriting expert. There is no corroborated evidence available even if handwriting expert opinion comes out to be against us. That is very shocking specially when trial court dismissed the suit second time on limitation as well as on merits.

First appellate court has not shown disagreement with the findings of the trial court has used inherent powers given under section 151 C.P.C. to remand the case back for deciding it afresh without being prejudice with the previous one.

The thing is that plaintiff has been cleverly able to mislead courts into believing that remand is necessary.

Who is in possession of the property and enjoying benefits?

'Plaintiff may be clever, but Hon'ble Judges are learned and unless they are convinced with those reasons stated by him, and his reasons are not countered, a remand is not possible.

Many Judges are happy to remand cases, but some want the ultimate benefit to them.

It all depends on grounds for such appeal by plaintiff and counters filed by you.

But one thing is certain dishonesty prevails at every point and like cancer, it is spreading for protracting the cases in spite of worry by SC on such long-pending cases.

Another interesting case is that pendency is taken into account where the case is pending with at present.  For example your case came for appeal to HC after 23 years, the HC considers the case pendency for just two years in their court.  Generally higher court always prescribes a time frame while remanding cases.

There is no provision in law for the relief you desire to have 

However you can always file a petition before high court seeking direct the trial court for an expeditious trial.

Constitutional Right to Speedy Trial, Factors For Pendency Of The Cases, Delay Leads To Mental Anguish, Article 21 Of The Constitution, Reformative Measures, Some measures which could prevent Delay, Justice delayed is justice denied...

Even in criminal justice, rarely this factor emerges, in civil cases, no one cares.

Originally posted by : G.L.N. Prasad
	Who is in possession of the property and enjoying benefits? 'Plaintiff may be clever, but Hon'ble Judges are learned and unless they are convinced with those reasons stated by him, and his reasons are not countered, a remand is not possible. Many Judges are happy to remand cases, but some want the ultimate benefit to them. It all depends on grounds for such appeal by plaintiff and counters filed by you. But one thing is certain dishonesty prevails at every point and like cancer, it is spreading for protracting the cases in spite of worry by SC on such long-pending cases. Another interesting case is that pendency is taken into account where the case is pending with at present.  For example your case came for appeal to HC after 23 years, the HC considers the case pendency for just two years in their court.  Generally higher court always prescribes a time frame while remanding cases.

Posessions is with us, its a fallow land. Title is with us, revenue records show our name. Plaintiff has filed case after 20 odd years. Both times trial court found that the case is barred by limitation. How can courts make such a gross error by remanding a case which is barred by limitation? Interestingly appellate courts have never reversed or shown disagreement with the findings of limitation.

What is the relationship between the plaintiff and defendant, do they belong to the same family and there was never partition, and how it was acquired by the present owner, and when the plaintiff has come to know of such ownership and possession.

If it is undivided family, and ownership can be in any one of the co-sharers and possession is as trustee for the whole undivided family and not the defendant's own.  There are umteen cases now, where the hardworking younger sons went to America, trusting their elder or younger brothers, sending money to father or brothers, and without the knowledge of the hardworking brother abroad, unworthy brothers managed to get some type of document from aged parents, mutated the property in their names, and those unfortunate brothers came to know of such alienation after several decades.  The limitation for filing partition of undivided property is not 3 years as assumed.  The limitation period commences from the date of learning the fraud or discovering the document hidden by the other party.   In the case of minors, parents may sell away the land, and after the majority, someone might have informed about this alienation etc.  A limitation is an issue of fact and issue of law, and when fraud is involved, the court uses their discretion for calculating the limitation period from date of knowledge.  I know cases filed and won even after 50 years from the date of fraud.

My presumption is that must be undivided property and the plaintiff is a co-sharer and might have paid court fee as applicable for partition.  Otherwise, no one takes the risk of filing case after 20 years without substance in the case as the plaintiff is an advocate and he can not file such a vexatious suit as a layman.

No such provision exist in CPC or any other law.

Move to High court for mandamus of expedious decision.