Requesting doubt and help on filing case
gopal
(Querist) 05 December 2013
This query is : Resolved
Dear Respected Experts,
Our Original Suit(O.S) decided infavour of the opponent. We would like to file the Appeal. We got the Judgment copy on 2011 we have told our advocate to file appeal immediatly. But the advocate get the signature in vakkalat and he told that the judgment copy of lower court having mistakes so it has been sent to lower court for correction after correction it will be numbered in appeal.
still he telling the same reason ,so i send a RTI application whether he filed a vakkalat or any petition and asked that the judgement is sent for correction.
In RTI Reply no vakkalat filed and there is no judgemnt is sent for correction. so it is understood that the advocate wantenly misleaded us.
No i would like to go for appeal,
1)Do i directly file appeal in sub court, or i have to file condone delay petition first.
2) If i have to file condone delay petition , where to file, in the Sub-Court or District Court.
Kindly provide the information and help me.
Thanks in advance
regrds
gopal
ajay sethi
(Expert) 05 December 2013
contact another lawyer . you have to file an application for condonation of delay explaining reasons as to why appeal not filed for period of 2 years . enclose certified copy of order with appeal memo .
it has to be filed in appellate court
R.K Nanda
(Expert) 05 December 2013
file appeal with condonation of delay application in appellate court with help of lawyer.
gopal
(Querist) 05 December 2013
Thanks for Ajay and Nanda sir,
If i have any queries i will come back to you
Rajendra K Goyal
(Expert) 05 December 2013
Contact and engage another lawyer immediately. File appeal in appellate court with an application for condonation of delay.
R.K Nanda
(Expert) 05 December 2013
ur welcome.
gopal
(Querist) 06 December 2013
Respected sir,
I told a Original suit filed by me is dismissed. The reason stated that there was some documents not submitted so it has dismissed.
Now before going appeal
1)is it possible to file Review petition in the trail court with condone delay petition, asking to accept the un-submitted documents and decide on the documents
(or)
2) Only I have to go for appeal with delay petition
Kindly guide me
Thanks in advance
with best Regards
gopal
Devajyoti Barman
(Expert) 06 December 2013
It is better to go to Appeal. Suit would not be restored through Review.
gopal
(Querist) 07 December 2013
Dear Respected experts
Can you provide the advantages and disadvantages on filing review petition.
In some related queries our Hon'ble Experts Mr Nanda sir, Rajeev sir, Ajay Sethi sir are given advice to proceed review petition.
So kindly provide the advice detail
Thanks and regards
gopal
ajay sethi
(Expert) 07 December 2013
review petition can be filed if court while passing order has failed to take into account evidence on record . in your case your suit has been dismissed as you failed to file documents in court .
so dont file review petition . it is necessary to go through judgement of trial court to advise .
gopal
(Querist) 07 December 2013
Dear Respected Ajay sir,
Thanks for your valuable detail advice.
You have asked to go through the judgment to give advice
may i send a translated version of judgment to you?
requesting your permission
Thanks and regards
gopal
(Querist) 07 December 2013
Dear Respected Ajay sir,
Thanks for your valuable detail advice.
You have asked to go through the judgment to give advice
may i send a translated version of judgment to you?
requesting your permission
Thanks and regards
ajay sethi
(Expert) 07 December 2013
it is better you contact a local lawyer with case papers as advised by experts 2 days ago .
gopal
(Querist) 07 December 2013
Thank you sir for your valuable advice
If I have any doubts i will come back to you
Thanks and regards
gopal
gopal
(Querist) 16 December 2013
Dear Ajay Sir,
As per your advice I have approached a local lawyer to file appeal with condone delay petition.
The reason for dismissal is some certified copy documents not submitted in the case.
The lawyer tells that it is not possible to add, the required certified copy documents in the first appeal, without adding that certified copy documents the case will not survive.
So he told me that to file review petition in the trail court with condone delay. In review petition we can request the court to add the certified copy documents in the Original Suit, which as missed to submit previously. if the court did not agree then we can go for Appeal
I told him come back soon.
Sir now i am confused, As per your and Devajyothi sir advice, to file appeal is good option.
But local lawyer tells that to add required certified copies ,the only way to go for review application in trail court.
Sirs, I am humbly requesting you kindly provide a advice and suggestion.
1)Whether i can move directly appeal with condone delay petition , is it possible the required certified copies add in the appeal for consideration.
2) otherwise i have to go for review application with delay petition to add required certified copies.
Kindly guide me in this situation.
thanks in advance
ajay sethi
(Expert) 16 December 2013
take another opinion . appeal is better option . in appeal you can mention that inadvertently certified copies were not filed and that you have copy of those documents at present . order of dismissal be set aside an d you be permitted to file said documents .
gopal
(Querist) 16 December 2013
Thanks sir
So it is possible to add the certified copy documents(which is not submitted in Original suit in trial court), in appeal also.
I will inform this to our lawyer and proceed further.
thanks a lot
regards
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 December 2013
As explained by other experts REVIEW is no solution at this stage.
You can file appeal and pray for submission of additional evidence which could not be submitted in lower court.
HOWEVER YOU HAVE TO GIVE SUFFICIENT REASONS FOR SUCH LAPSE AND THERE WILL BE OTHER SIDE TO OPPOSE., BUT IF YOU HAVE CONVINCING REASONS ADDITIONAL EVIDENCE WHICH COULD NOT BE SUBMITTED IN LOWER COURT CAN BE ALLOWED.
More over just admission of documents does not mean its contents are also admitted and can be read in evidence.The same has to be proved independently.
Pl go through the SC opinion in this matter which is repeated again and again in such matters.
In our humble opinion, the Trial Court could not proceed in such an unwarranted manner for the reason that the respondent had merely admitted his signature on the photocopy of the power of attorney and did not admit the contents thereof. More so, the court should have borne in mind that admissibility of a document or
contents thereof may not necessary lead to drawing any inference unless the contents thereof have some probative value.
gopal
(Querist) 16 December 2013
Thanks sirs
I will bring this advice and suggestions to our advocate.
But i humbly say that we cannot compel them to do as we told, if we say like that, they think that, we are overlooping them, so i asked again and again to you. before going to talk with the lawyer, I should know some thing.
Any way Thanks for providing suggestions and advice to me
thanks a lot
ajay sethi
(Expert) 16 December 2013
thanks for your appreciation
