Wrong verdict by high court on false explanation of opponant,case back to distri.cort.how to chalnge
joy
(Querist) 11 November 2010
This query is : Resolved
in high court oppnant given false explanation without evidence based on that fact matter remitted back to district court with following verdice by high court
"Admittedly, as there was no participation of the appellant before the lower court and as the appellant has satisfactory explained as to how she could not come across the
notice published by the respondent and hence the only alternate remained with this Court is to remit the matter back to the trial court with direction to decide the same afresh in accordance with law, after giving proper opportunity to both the sides to lead and plead their cases.
.My advocate in high court not crossed stronglly my opponant at that time and now based on just false explanation matter remitted back to district court and now it is pending district court.here in district also my case is strong , here also i want to expalin how falslly oppnant expalined in high court.which will benefit me large.
can district court consider that?or what should we do insuch case?
Devajyoti Barman
(Expert) 11 November 2010
As at the time of hearing at the High Court your point was not sufficiently pressed forward as alleged by you, then I think you have missed the bus once. Hence this time in the lower court without dwelling much in the past( read hearing in the High Court)you concentrate you stronger points in the lower court so that you may not miss the bus this time.
adv. rajeev ( rajoo )
(Expert) 11 November 2010
You can defend your case on your strong grounds. It can be argued about misguidance of the opponent to the high court.
Kiran Kumar
(Expert) 11 November 2010
well merits of your case are not mentioned here, but if you have strong case then you may approach SC also. though the procedural laws are supposed to be construed liberally but such construction shall not defeat or delay justice.
but if you have got no strong points then let there be a trial....after no one can be denied opportunity to defend him/herself.
