interpretation of order
naveenraj jain
(Querist) 14 May 2015
This query is : Resolved
Respected sirs
An order passed by the honorable high court states that " paperbook has to be filed within 3 months failing which the appeal shall stand dismissed".
Now time for such filing is over and paperbook is not filed. Sirs when this is the situation what do the parties understand..whether the case is closed. Based on this order can the parties to the appeal derive their rights. .kindly enlighten.
Regards
Naveenraj.
Jeetender Gupta
(Expert) 14 May 2015
What is the case about? Provide some more details. Who was to file paper book? You or other party?
P. Venu
(Expert) 14 May 2015
Matter does not stand dismissed because of the failure to provide paper book. You can still file the paper book with the permission of the court.
naveenraj jain
(Querist) 14 May 2015
@jeetender sir..The case pertains specific performance where the appellant ( purchaser) has lost the case in lower court cos it was proved that he has received back the entire sale consideration by DD and cash. So the sale agreement stands canceled. the purchaser to harass the seller filed the suit . lower court was pleased to pass orders against purchaser. So the purchaser has preferred this appeal in high court and not showing any interest in proceeding with next steps since there is status quo on the same. This above order for not filing was passed four months ago..the aggrieving party who appealed has to file the paper book...it has been three years since the RFA is filed..
@venu sir.. I understand paper book can be filed even after the order... Out of curiosity What purpose does the orders serve then.
Rajendra K Goyal
(Expert) 14 May 2015
Prey the court to order in view of the fact paper book not filed.
Dr J C Vashista
(Expert) 15 May 2015
The paper book of the appeal is the basic requirement to proceed, it is not understood what did the High court registry accept and how the matter was placed before the Court, matter was listed and taken up in the absence of paper-book? Strange statement, I do not believe.
However, even after elapsed 3 months time granted by the Court, it may be filed before next date of hearing.
T. Kalaiselvan, Advocate
(Expert) 15 May 2015
I agree with the experts opinion that the paper book can be filed after the expiry of the granted period too.
naveenraj jain
(Querist) 16 May 2015
Thank you very much all the esteemed panel in imparting your invaluable advice.
Regards
NaveenRaj
naveenraj jain
(Querist) 16 May 2015
@ vashista sir...upon insistence I can send the case number...it seems strange to me as well since I have followed this case for a while in lower court..
An after thought is I understand may be the leniency by the court could be the lawyer who is son of the sitting judge in the same high court ( not in this case).
Dr J C Vashista
(Expert) 16 May 2015
1. I do not insist.
2. If you want some clarification, may send.
3. The sitting judge is incompetent to change the High Court rule for the convenience of his son practicing there itself.
Biswanath Roy
(Expert) 18 May 2015
According to the principle of legal interpretation "...the appeal shall be dismissed" means if the obligatory portion i.e., direction of the order was not followed and/or not discharged the appeal shall stand cancelled. Here "shall" is the word which concludes the meaning of the obligatory portion of the order.
Biswanath Roy
(Expert) 18 May 2015
Why don't you file a petition for extension of time for filing paper books on the last date of the time limit for such filing?
naveenraj jain
(Querist) 06 September 2015
All Respected panelists who took immense interest to advice to my query. I wish to inform you that based on your various advice my advocate put forth the same to the court and eventually the court was pleased to order in our favour. Thanks to you all for rendering the much needed help. Without this platform I may not have proceeded further in the case.
Regards
NaveenRaj
