Whenever an appeal/RFA is filed in Delhi high court, so before the final orders are passed, will the judge hear the entire appeal case on merits ? and on all the grounds ? Or will the judge pass the final orders without hearing the petitioner ?
Whenever an appeal/RFA is filed in Delhi high court, so before the final orders are passed, will the judge hear the entire appeal case on merits ? and on all the grounds ? Or will the judge pass the final orders without hearing the petitioner ?
Shashi Dhara 24 July 2022
After argument court passes final orders on all grounds in appeal memo.
legalwarrior (law student) 24 July 2022
https://youtu.be/4GD18IGRRaA
Dr J C Vashista (Advocate) 25 July 2022
Of course the Court shall have to hear the appeal / RFA before pronouncement of judgment.
What is the exact question as it is vague and not clear ???
Thanks all of the above for an advice.
@jc vashista sir- exact query is this..
Possession was passed in favour of the father-in-law for my eviction from matrimonial home,but husband didn't arrange any accomodation ,i immediately filed an appeal in Delhi high court, didn't get any stay, meanwhile father-in-law filed execution in trial court for appointment of bailiff, i again moved a stay application in Delhi high court asking the high court that no accomodation has been arranged for me and that my appeal has not been heard, that's how high court called for the trial court record and arguments took place on 1-2 dates but judge has only been talking about arrangement of alternate accomodation and not focusing on all other grounds raised by me in the main RFA, as of now i don't have a counsel so wanted to ask, can i request the judge to grant me one adjournment for engaging a counsel so that my appeal is heard on all the grounds? Because if the judge arranges the alternate accomodation then my entire appeal will become infructuous.please help with your guidance
Dr J C Vashista (Advocate) 25 July 2022
@ Ms Shivani,
Who had drafted and filed the RFA ? Did you not engage a private lawyer or sought services from Delhi Legal Services Authority ? You can seek adjournment to engage a lawyer, it will be accepted.
Did you file objection in execution petition filed by your father in-law ? If not, move immediately which would attract automatic stay of operation of decree for execution.
Best wishes
Sir, thanks for your opinion..i have withdrawn the case from the lawyer who drafted the RFA, it was a private one and not from the legal aid, am facing too many problems due to financial burden of 6-7 cases going on in the trial court,but now am thinking of approaching the legal aid in high court. I have not filed any objection in the execution yet. Moreover high court judges have been saying that i cannot insist on staying in the matrimonial home since husband is willing to provide an alternative accommodation ,though i don't want to stay on rent,there is no willingness of mine for staying on rent but if high court will pass an order against me for vacating the matrimonial home then i will appeal in the supreme court
Dr J C Vashista (Advocate) 26 July 2022
You may appreciate that the opinion and decision of judges holding the Court is based on written and oral submissions on fact and law, which can not presumed or predicted on this platform.
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