reply as respondents in civil appeal
surjit singh
(Querist) 20 February 2015
This query is : Resolved
An civil appeal is filed in which the main respondent address was given as his permanent address. But in the civil suit where the main respondent was petitioner mentioned his permanent address as well his presently residing address where he reside.
My question is, the respondent by choosing to mention only the permanent address ignorong the presently residing address in the appeal filed, has got the stay order of the decree. Whether it can be vacated citing that the appeallant intentionally ignored the presently residing address of the main respondent where the notice was not sent.
Secondly, whether it is essential to file reply in the appeal against the ground mentioned in the appeal.
Devajyoti Barman
(Expert) 21 February 2015
1. Yes, you can highlight this issue as the parties are bound to give same address in the appeal also.
2. No, it is not but you can file affidavit for vacating the stay on that ground.
alexander
(Expert) 21 February 2015
A person can have only one permanent domicile address. A statement to this effect has to be made in the prescribed forn and signed by the concerned party /advocate. This address is considered as 'REGISTERED ADDRESS' . It is deemed to be the address of the party for the purpose of service of all processes in the suit or in any appeal from any decree or order therein made and for the purpose of execution and shall hold good as "REGISTERED ADDRESS" of the party for a period of two years after the determination of the cause or matter, unles changed vide O VI R 14(2).
An appeal is but a continuation of the original suit.
pl see Order VI Rule 14 A
Your Counsel may like to reinforce the action as suggested by our Expert Shri Devajyoti Barman along with the provisions of Order VI R 14 A
If a present address is to be considered as "REGISTERED ADDRESS" then what is the necessity of giving a regular Permanent address in the original plaint/pleading.
Alexander
(nom de plume)
ajay sethi
(Expert) 21 February 2015
agree with Mr alexander
Dr J C Vashista
(Expert) 22 February 2015
I respectfully disagree with the experts on the issue of submitting only permanent address of appellant wherein the petitioner (in original case/suit) mentioned present address but the appellant preferred to ignore. There is no such legal requirement to mention present address (also) in the on-going appeal against the order/judgement passed in original case/suit.
The aim of submitting present address by the petitioner (in original case/suit) was to get the notice/summons properly served, if the same is not a suit property, which is stated to have been decided consequently appeal filed against the order/judgment in the case/suit.
Obtaining stay order on the order/ judgment is a totally different issue, which has no bearing on the point of ignoring to mention present address.
Hence it would be a futile exercise/ efforts to take objection (in appeal) for ignoring present address of the appellant.
T. Kalaiselvan, Advocate
(Expert) 22 February 2015
Agreed with the elaborate explanation and opinion by expert Dr. J.C.Vashista, nothing more to add.
Rajendra K Goyal
(Expert) 23 February 2015
Agree with the expert Dr J C Vashista ji.
surjit singh
(Querist) 24 February 2015
In view of the discussion above i want to make it clear that in the plaint the permanent address as well as the present address where the plaintiff reside for his livelihood i.e. where he is working as government servant, both was mentioned. The property is situated at the permanent address of the plaintiff. The defendant in the suit has filed the appeal as appellant, and in the appeal he mentioned only the permanent address where the notice was sent by the court which went unserved and then the appellant was able to get the stay order in the appeal.
I have gone through order VI rule 14(2) cpc which has no bearing in this case.
