salila (student) 04 May 2024

2nd appeal dismissed

A DECREE HOLDER GOT DECREE ON CONCEALMENT OF FACTS. IN EXECUTING COURT WE PRAYED IN CPC ORDER 11 RULE 12,14 AND SUBMITTED HIS ACTUAL ACCT OF FIRM .AND PRAYED THAT DECREE IS OBTAINED BY PLAYING FRAUD HENCE NULL.RATHER TO GET REPLY FROM DECREE HOLDER ,EXECUTING COURT ORDERED THAT ALL THESE ARGUMENTS ARE PASSED IN TRIAL AND APPELLATE COURT..HENCE DEPOSIT MONEY OR GO TO JAIL.

IN HIGH COURT ,WHEN JUDGE LISTENED THAT WE HAVE PAID -THEY DISMISSED THE SUIT .COURT SAYS NOW WE ARE UNABLE TO GIVE RELIEF .THE FACT THAT DECREE IS OBTAINED BY FRAUD IS NOT READY TO LISTEN .MUCH MONEY HAS SPENT IN THESE COURTS.

AFTER ,HIGH COURT DISMISSAL ORDER-WHAT IS NEXT RECOURSE -PL SUGGEST .THANKS

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Quick Summary

The user's second appeal has been dismissed by the High Court, despite arguments that the original decree was obtained through fraud and concealment of facts. The court stated that these arguments should have been raised in the trial and appellate courts. Following the dismissal and significant expenses incurred, the user is seeking advice on the next legal steps, including the possibility of a Special Leave Petition (SLP) to the Supreme Court or alternative options like revision or review, considering the disproportionate costs already spent.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 05 May 2024

If your lawyer opines that it would be a fit case to prefer a SLP before supreme court, you may knock the doors of supreme court

salila (student) 05 May 2024

SIR ,

THANKS.CASE IS RIGHT .FOR DECREE OF RS 1 LAC ,TOTAL EXPENSE HAS CAUSED 3 LACS .HENCE, IN ALTERNATE ,WE THINK REVISON/ REVIEW -PERHAPS COURT FEES MAY BE LESS .

OR AS COURT HAS NOT UPLOADED DISMISSAL ORDER , WE PRAY TO LISTEN US ONCE A MORE -THOUGH IT MAY NOT BE FEASIBLE -YET SHOULD TRY OR MAY BE PUNISHED MORE.SUSPENCE SPREADS