Appeal against trial court judgment & decree.
Gopal Krishnan
(Querist) 24 November 2014
This query is : Resolved
My land lord filed suit for eviction on ground of non user. Trial court passed reasoned judgment and decree and dismissed suit. Land lord has filed appeal. No specific ground is given. The grounds are vague and general such as the judgment is
illegal, improper, bad in law, against principles of natural justice, trial court failed to appreciate facts and evidence, erred in appreciating evidence and documents etc. In the grounds there is no specific grievance. My Advocates says that there is no need to file affidavit in reply but he will argue the matter. I want to file reply denying the allegations and stating that the judgment is in accordance with law and all aspects have been considered by the trial Judge.Experts kindly advise whether reply should be filed or only arguments will suffise. Matter is under Maharasshtra Rent Control Act and is before Appellate bench of small causes court. Thanks in advance for your valuable advise.
Gopalkrishnan
Devajyoti Barman
(Expert) 25 November 2014
In appeal there is no need for filing any application.
However once can submit his written notes on argument.
ajay sethi
(Expert) 25 November 2014
your advocate is absolutely correct
R.K Nanda
(Expert) 25 November 2014
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 27 November 2014
Though your advocate has advised you against it, if you strongly feel that a reply version can be filed, insist on it so that you donot miss the bus.
