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ksv nageswararao   27 July 2017

Lower court dismissed a civil suit ,

lower court dismissed a civil case ,can i appeal in high court directly and get stay order ?



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 13 Replies

G.L.N. Prasad (Retired employee.)     28 July 2017

Every disposed case can be appealed before higher court.   But it is your advocate that has to suggest basing on the judgment and once again it is your Advocate at HC that should consider all this and then decide.  Instead of seek such advises from the forum, jump into action as expeditiously as possible within limitation period.


(Guest)

It seems, not properly guided by your own lawyer.

Change of lawyer is justified.

 

P. Venu (Advocate)     28 July 2017

Lower Court! Which Court? Appeal lies to the next higher court.

ksv nageswararao   28 July 2017

the suit was dismissed in sr civil judge court due to our lawyer's neglizence & mislead us by weak arguments and collude with other party by absent on last & final arguments day sir


(Guest)

I reiterate on my earlier suggestion.

 


(Guest)

1) You need to appeal within period of limitation and that is 30 days from date of decree 

2) Else you have to give application for delay condolence too and it takes further months or years to consider whether delay should be condone or not. 

3) Appeal to first appeallate court 

4) Most imp. change the Adv.  

5) Don't waste time here , imedately meet Adv. in your area search personally or from this forum and take steps to best analysis of the case. 

G.L.N. Prasad (Retired employee.)     28 July 2017

When it is our baby, we have as client to take care of as to how the guardian is looking after.  It is not proper to blame an advocate, and we have to blame ourselves first for selecting such advocate, second for not paying close attention though now every proceeding is uploaded in every suit, third our failure in not taking a second opinion or entrusting this to any friend locally, if we are from outstation.


(Guest)
Originally posted by : G.L.N. Prasad
When it is our baby, we have as client to take care of as to how the guardian is looking after.  It is not proper to blame an advocate, and we have to blame ourselves first for selecting such advocate, second for not paying close attention though now every proceeding is uploaded in every suit, third our failure in not taking a second opinion or entrusting this to any friend locally, if we are from outstation.

 

In the light of above observation, hope the learned member would also like to suggest the course of action to be taken by the querying fellow.

 

S K KARNjhc (Legal Adviser)     29 July 2017

You have got sufficient suggestions

G.L.N. Prasad (Retired employee.)     29 July 2017

My observation is as a common man / client blaming his own Advocate, whom he has trusted and paid the fees, sharing with others that just by entrusting a case to advocate, there should be a consistent follow up and study of the case on his own, the ways to strengthen the case.  When some one says that their advocate has compromised with other party, in the forum my heart bleeds.  Then I remember some incidents, and one among them is a  viral Video , where a baby entrusted to a servant, when couple are employees, beating and kicking that baby, the baby could not tell that torture to her parents, and when a CCTV footage revealed for frequent sickness of their baby, they have noticed this inhuman treatment towards baby by that female servant.  I treat the baby as a client and the servant as Advocate, when ever such things are posted in forum.  I never say all clients are understand and co-operative but the stress is on human and professional ethics where some advocates get an offer of compromise from the opposite party, pressuring their own client to go for a compromise, as it has become usual in many of the cases.  After filing of the case, advocate states that the Judge has been sold out, or the case may drag out to years or the other party is having strong evidence or our case is weak etc. indirectly first suggesting and tuning the minds of their own parties for compromise, particularly when the case was taken they say it is strong and there are good chances of winning.


(Guest)
Originally posted by : G.L.N. Prasad
My observation is as a common man / client blaming his own Advocate, whom he has trusted and paid the fees, sharing with others that just by entrusting a case to advocate, there should be a consistent follow up and study of the case on his own, the ways to strengthen the case.  When some one says that their advocate has compromised with other party, in the forum my heart bleeds.  Then I remember some incidents, and one among them is a  viral Video , where a baby entrusted to a servant, when couple are employees, beating and kicking that baby, the baby could not tell that torture to her parents, and when a CCTV footage revealed for frequent sickness of their baby, they have noticed this inhuman treatment towards baby by that female servant.  I treat the baby as a client and the servant as Advocate, when ever such things are posted in forum.  I never say all clients are understand and co-operative but the stress is on human and professional ethics where some advocates get an offer of compromise from the opposite party, pressuring their own client to go for a compromise, as it has become usual in many of the cases.  After filing of the case, advocate states that the Judge has been sold out, or the case may drag out to years or the other party is having strong evidence or our case is weak etc. indirectly first suggesting and tuning the minds of their own parties for compromise, particularly when the case was taken they say it is strong and there are good chances of winning.

 

Your contention about client and advocates' contention can differ and mostly differ. You may treat clients as babies, but you cannot infuse your noble ideas in the minds of most of the advocates.

What I feel, most of the clients normally suffer due to the reasons, either carelessness, or insincerity, or greediness of their advocates. Dates are not automatically granted, but in most cases dates are taken by the advocates themselves, as they also have a long list of cases that they have to attend in various courts., while they are able to attent at the most 2-3 cases per day basis. That you can observe personally if verify from some targeted listed cases of any date by taking keen interest in any court. On the other hand judges can also not attend so many cases that are listed to be attended for any date.

Rest depends upon your own experience or the experience of the individual clients.

G.L.N. Prasad (Retired employee.)     29 July 2017

Perceptions differ on individual exposure and experiences.  Every one of us are entitled to our opinions and share them.  No opinion is having universal application like a scientific form.


(Guest)
Originally posted by : G.L.N. Prasad
Perceptions differ on individual exposure and experiences.  Every one of us are entitled to our opinions and share them.  No opinion is having universal application like a scientific form.

 

So, in view of the personal experience of the querist, your perception, like "It is not proper to blame an advocate" was perhaps not justified as he said, "the suit was dismissed in sr civil judge court due to our lawyer's neglizence & mislead us by weak arguments and collude with other party by absent on last & final arguments day sir."


 

.

 


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