prem kumar (business) 31 July 2014

Query_civil case

Plaintiff filed an ejectment suit under transfer of property act 106 against a partnership firm on 2010. Ultimately the suit of the plaintiff was decreed. After that one of our partner(party) filed a regular first appeal in High court. Finally the High court has given 2 years time on January 2014 to vacate the premises without issuing any notice to other partners. Since the start of suit in session's court, I was ex party in this ejectment suit even now.

My question is, as a partner in this firm and being an ex party, can I challenge the decree in High court which was passed by session's court??

Please reply

Reply Follow

4 Replies

Amit Gupta (Advocate) 31 July 2014

yes u can very well file an appeal but the problem is delay...you wud be required to satisfy the court abt having no knowledge abt the decree...

regards

Nirmala.Patil (Law ) 31 July 2014

Summons was served ?

Advocate Bhartesh goyal (advocate) 02 August 2014

you may file appeal but chances to succeed the appeal is very least as landlord has filed suit against firm means notice to firm means notice to each and every partner so not necessary to implead each and every partner of firm in case also one partner has filed appeal against the decree means other partner has also knowledge of suit.apart from above how will you explain the delay?

T. Kalaiselvan, Advocate (Advocate) 02 August 2014

An appeal can be filed against the lower court judgment before the high court if at all you really are in need of remedy because you remained exparte the lower court.