06 May 2021
My opponent ( corporate builder ) purchased 160 s.ft closed space in the cellar of my apartment with 5 s.yds undivided site for Rs.1,64,500/- in his wife’s name in Jan 2006. Sale deed registered. After that, Municipal corpn. removed the closeness of the room in abt 2 months thereafter. He filed suit in April 2006 for return of purchase money, 1 lakh alleged payment to me for making interiors (no evidence), 1 lakh damages, interest, Regn charges etc., No notice.. Out of order suit filed and prop attached. HE HAS NOT SOUGHT CANCELLATION OF SALE DEED. PLAINT IS TOTALLY DEFECTIVE. Suit in toto decreed by lower court. 1st App. Court dismissed the suit as not maintainable mainly for not seeking cancellation of sale deed and also on other grounds like Sec 55 (1) a of TP act etc. Property still in his name. The plaintiff filed a second appeal in the High Court in 2015 and the High court, recently, while touching the judgment of the 1st Appellate court reg not seeking cancellation of sale deed only, set aside the two judgments of the lower courts and remanded the matter to the trial court directing the Plaintiff to file an amendment application and seek comprehensive relief. HC directed the lower court to consider the matter afresh giving opportunity to both the parties. I need your valuable advice on the following. 1. Has H C got jurisdiction to suggest a party to seek comprehensive relief by filing an amendment application and remand the case to trial court. 2. Whether Ptf can now file amendment application for cancellation of sale deed paying addl. Court fee, for which Limitation expired in 2009. Has the lower court got discretion to allow even over looking LIMITATION. ( I read somewhere that it can be done ). 3. Is it correct for the HC to give opportunity to the looser to correct his mistakes and start afresh? In that case what is my fate? Kindly spare a few minutes and guide me for which act of kindness I shall remain grateful.
07 May 2021
What is the opinion and advise of your counsel engaged / paid for the same, who is well aware about facts and circumstance of the case besides the fact that s/he is able, competent, intelligent enough and bound to satisfy your question? However, if you are not satisfied with the performance, behaviour or action of your lawyer, it would be better to consult and engage another local prudent lawyer for appreciation of facts/ documents/ case file, professional advise and necessary proceeding. Why do you need obligation of experts when the matter is already decided/ subjudiced on the basis of limited facts, except the fact it is available FREE OF COST?
07 May 2021
1. The high court orders or judgment cannot be questioned. If at all you are aggrieved over the said orders, you may file either a review petition or a SLP before supreme court in that regard. High court has inherent powers but the aggrieved party can challenge the judgment made by the high court in the appellate court. 2. On the basis of the high court orders, the limitation will start afresh. Since the orders state that the plaintiff may be permitted to file an amendment petition, there is no bar in he filing the same. 3. Read the first answer to this question also because it is similar in nature.