Slp
dheepak srinivasa
(Querist) 02 February 2013
This query is : Resolved
I had gone on an SLP to supreme court for ABJ against the order of the high court. In the meantime before listing of the SLP my main case got dismissed due to jurisdication/limitation. when the SLP was listed I intimated this to the Judges. But yet the Judges went through the material and passed an order saying that"we are not inclined to interfere with the impugned order of the HC and also the petitoner is free to see seek remedy before high court on appeal"
The high court order says that since a mortgage is there by deposit of title deed there exists no need for ABJ so dismissed.
I asked the SC for clarification whether now mortgage exists as the main case has been dismissed and SC order still upholds the HC order even after the main case is dismissed. I recieved a letter stating"SLP was dismissed with some directions and observations by this court"
Questions
1. Now Does the mortgage exist after the main suit has beend dismissed and I have gone on appeal?
2. Can I file a fresh MP in the appeal for ABJ again in the appeal? does this SLP restrain from again filing ABJ?
3. if an SLP is dismissed it is said that there will not be any bearing of it in the appeal of the main case... is this true? do es the direction and observation have no relevance to the appeal? and this need not be disclosed in appeal.
Raj Kumar Makkad
(Expert) 02 February 2013
1. No, It do not find existing now.
2. You have got separate cause of action after dismissal of your appeal before high court so you can again got in SLP before SC.
3. What ever you have heard is not true.
prabhakar singh
(Expert) 02 February 2013
By ABJ he means attachment before judgement.
Authors are smarting us by their abrts.
Sorry to tell you that first SLP has now no relevance.
The main suit has been dismissed so an appeal lies.
All that glitters is not gold and all that we hear from every Tom and Harry is not law.
