Special leave petition

This query is : Resolved 

17 March 2019

Dear Law Experts..

The Plaintiff who is suing us has lost his case in all consumer courts and in between the consumer courts he didn't file the case within the time limitation of 2 months, hence there is a delay in filing of a case.

Then he went to supreme court and filed Slp again which was not in Limitation of 90 days.

Supreme court condoned the delay in filing SLP and dismissed SLP, but didn't give any relief with regards to delay in previous national courts.

Now the Plaintiff has filed the case in civil court and the case is still going on for 5 years.

Q) How can civil court ignore the decision of the supreme court?
Q) What is happening? Why the civil court is not dismissing the case?
Q) Or this issue will be discussed in arguments only?

Vijay Raj Mahajan (Expert)
17 March 2019

The merits of the two matters if are not identical or for the reason of jurisdiction the matter was dismissed by the Consumer forum etc.the civil suit will be heard and decided on merits.
The SLP dismissed by the Supreme Court doesn't mean that civil suit cannot be decided on merits. Admission of SLP is another issue that by itself doesn't mean that the dispute is finally decided if for some reason the matter was adjudicated in wrong court or forum by the plaintiff.

Supreet singh (Querist)
17 March 2019

But Sir in the last decision of consumer court, the decision was that the consumer has no jurisdiction to decide in this matter and hence file a civil suit within 60 days but the suit was not filed in 60 days and nobody condoned the delay of this court, not even supreme court.

Vijay Raj Mahajan (Expert)
17 March 2019

So that issue of delay in filling suit in 60 days, you can plead in civil suit.

Dr J C Vashista (Expert)
18 March 2019

How the SLP was admitted against an order passed in a Consumer Court, as stated by you?
You have concealed/ confused facts of the case, consult a local senior lawyer for better appreciation of facts and guidance.
If you are located in Delhi and feel, you may contact me (on appointment) at:
Chamber No 647, Lwayer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi Cell # +91 9891152939 email: majjagdish@yahoo.com

P. Venu (Expert)
18 March 2019

SLP could be filed against any order, judgment, decree etc of any court or tribunal.

Since the consumer courts had not entertained the application on the ground of jurisdiction, civil courts could be moved. The crucial question is that of limitation. There is provision for condonation of delay in filing a civil suit.

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