Dismissal of appeal suit for the second time

Balaji Bakthavathsal (Querist) 04 February 2025 This query is : Resolved
Respected Learned Lawyers,
An appeal Suit was filed before the Additional Sub-Court against the ex-parte judgment/decree awarded by the lower court in a civil suit seeking permanent injunction. The suit was filed by the power agent whose power of attorney got cancelled but who went ahead and registered the Sale Deed. The appellant knows pretty well that he can’t win the suit and dragged it for more than 6 years without presenting his side of arguments through his counsel and the suit got dismissed for default of appellant on 27-06-2022. The appellant again submitted a petition with the prayer to revive the appeal suit and after the court granted his prayer, the appeal suit was further dragged without presenting the appellant side arguments. Finally the suit got dismissed on 03.02.2025 for the second time for the very same reason.
Now my questions are :
i) what are the options available to the appellant ? Can he submit another petition to reopen and restore the suit ?
ii) Can he file second appeal ?
iii) Where he is allowed to file the second appeal ? In the District Court or High Court ?
iv) How can further appeal can be stopped ?
v) Can I file a damage suit for wasting my time, energy, money and giving mental torture for the most vexatious suit which was not cared by the appellant and he simply wasted the court time ?

N.B. : I am the primary respondent

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Quick Summary

This discussion concerns a civil appeal suit that has been dismissed twice for the appellant's default. The appellant initially filed the appeal against an ex-parte judgment and later had the suit restored, only for it to be dismissed again for the same reason. The primary respondent is seeking advice on the appellant's remaining options, such as filing another petition to reopen the suit or a second appeal, and how to prevent further appeals. The respondent also questions the possibility of a damages suit for the vexatious nature of the proceedings.

T. Kalaiselvan, Advocate (Expert) 04 February 2025
1. If the appeal suit was dismissed for default then the appellant can file a petition to restore the suit by setting aside the dismissal order.
2. He can.
3. Second appeal should be filed before high court.
4. His rights to file appeal cannot be stopped.
5. No, you cannot file any such case against him.
You may challenge it properly through your skilled lawyer

Dr. J C Vashista (Expert) 05 February 2025
The facts posted are devoid of merits as the suit cannot be dismissed in default simultanously you have stated that ex-parte judgement has been passed. Both the orders are contradictory, impossible and unbelievable.
Be clear as to what is the factual position.

P. Venu (Expert) 06 February 2025
What is the AS No.? Which Court?

Balaji Bakthavathsal (Querist) 07 February 2025
Venu Sir, Please find the CNR No. :
TNCD Zero three zero zero zero one four two two zero one six

P. Venu (Expert) 07 February 2025
The case history reveals that the appellant has been indulging in abuse of the process of the Court. That itself is ground to object any proceedings in the matter.

Balaji Bakthavathsal (Querist) 08 February 2025
Yes Venu Sir, The first appeal also dismissied for the very same reason. And this is second appeal. I really feel very soory that there is no provision in CPC to prosecute the persons who abuse the process of law or the judges are not inclined to take action. What a shame on our judiciary !

T. Kalaiselvan, Advocate (Expert) 08 February 2025
Your subsequent posts are irrelevant to your first post, hence without knowing the proper details any opinion given in this aspect will be a misguidance because you are already insulting the Indian judicial system.

Dr. J C Vashista (Expert) 09 February 2025
Prima facie it is a time pass post.

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