Legal provision
guddu
(Querist) 15 June 2015
This query is : Resolved
I HAVE FILED CIVIL SUIT ON LAND DISPUTE FOR INTERIM INJUNCTION. MY DEFENDANT HAS ALSO MOVED AN APPLICATION FOR SOME INTERIM PRAYER WHICH IS COMPLETELY OPPOSITE TO MY PRAYER. LOWER COURT AFTER HEARING BOTH PARTIES WITH COMMON ORDER COURT ALLOWED MY APPLICATION WITH CERTAIN CONDITIONS. I HAVE APPEALED IN HIGHER COURT REGARDING THE CONDITION IMPOSED ON ME. LOWER COURT ORDER WAS CONFIRMED BY DIVISION BENCH OF HIGH COURT AFTER HEARING BOTH PARTIES. NOW MY DEFENDANT HAS MOVED AN APPLEATE COURT WITH DELAY IN CONDONATION APPLICATION WITH REVISION APPLICATION TO QUASH THE ORDER PASSED BY THE LOWER COURT. MY LAWYER HAS OBJECTED THE DELAY CONDONATION APPLICATION THAT MY OPPONENT WAS WELL AWARE ABOUT THE ORDER PASSED BY LOWER COURT AND HE WAS DEFENDING THAT ORDER TILL DIVISION BENCH OF HIGH COURT. ONCE DIVISION BENCH HAS CONFIRMED THE LOWER COURT ORDER, NOW IT IS NOT OPEN TO CHALLENGE VERY SAME ORDER IN APPEALATE COURT AND IT WILL OPERATE AS RES JUDICATA. APPELATE COURT ALLOWED DELAY CONDONATION APPLICATION AND PASSED THE ORDER THAT RES JUDICATA WILL BE CONSIDERED DURING REVISION APPLICAITON. IF APPEALTE COURT HELD DURING REVISION APPLICATION THAT RES JUDICATA WILL NOT OPERATE. DOES APPEALTE COURT HAS POWER TO OVER RULE THE DECISION OF LOWER COURT WHICH IS CONFIRMED UPTO THE DIVISION BENCH OF HIGH COURT. what to do now
Surrender K Singal
(Expert) 16 June 2015
Appellate Court may not be able to overlook confirmation of Order (now appealed against) by High Court. Liberal condonation of delay is a major factor for overburdening of Indian Coudts ?
guddu
(Querist) 18 June 2015
Can you provide me the judgement which can help me based on some similar facts where tribunal cannot even admit the revision because the order has been confirmed by tribunal itself and also by High Court.
