order 23 rule 3a
Querist :
Anonymous
(Querist) 01 August 2011
This query is : Resolved
sir i want a suggestion regarding order 23 rule 3a:- i have filed a regular case before the sub judge to set in a side a compromise decree on the ground of fruad which passed by munsuf court. sub judge given the judgement in the favour of resp.i filed appeal before additoinal district judge. additional district judge given in my favour.presently the case is pending before the high court , second appeal by other side,but most lawyer says that i will lose the case on the ground of oredr 23 rule3a, what will i do, can i file a case before munsaf as provision of order 23-3a , or wait till the judgement of high court
Khaleel Ahmed Mohammed
(Expert) 02 August 2011
You can file a petition before High Court U/O 23 R 3 your self or with the memo filed by both parties with their advocates.If you filed on your behalf you can mention the reason to withdraw your case against the respondent.
prabhakar singh
(Expert) 02 August 2011
SORRY I DIFFER WITH Mr. Khaleel Ahmed .YOU ARE GETTING RIGHT OPINIONS ABOUT O23/R3a FROM BROTHERS AT BAR.BUT AT THIS STAGE OF THE MATTER YOU SHOULD RATHER MUST NOT FILE ANY FRESH CASE U/O23r3a,RATHER CONTEST IN HIGH COURT,WHERE WHEN SUCH AN ARGUMENT DEVELOP,EQUITABLE SUBMISSIONS MUST BE MADE TO DEFEND THE CASE OF YOURS PLEADING SAME THINGS HAS TO BE LOOKED EVEN A PROCEEDING U.O23 r3a.
THERE SEEMS TO BE ONE DIFFICULTY ONLY, LIMITATION FOR SUIT WAS 3 YEARS BUT FOR ORDER 23 R3a IS 1 MONTH(if i remember correctly) AND IF THE SUIT WAS FILED WITH IN 1 MONTH,YOU CAN SAIL ON EQUITY FRONT IN HIGH COURT.
BUT FILLING A CASE JUST AT ONCE LEADS TO AN INFERENCE THAT SURRENDER TO CASE OF YOUR OPPONENT EVEN BEFORE HIGH COURT JUDGEMENT.
AND THE SECOND HARM WOULD ARISE WHEN IN CASE HIGH COURT BEATS YOU ON JURISDICTION MATTER AND YOU NEED EXTENSION OF LIMITATION
ON THE COUNT OF WRONG ADVISE,IT SHALL NOT BE GRANTED TO YOU.
Raj Kumar Makkad
(Expert) 02 August 2011
It is better to wait for the verdict of HC instead of filing fresh suit on the same cause of action. Delay in filing the case can be condoned but if petition pending before either of the prties decided on merits then it shall become diffcult to file suit.
Querist :
Anonymous
(Querist) 27 July 2014
can any one help me to find list of daily cases file in the supreme court?
