sumeet sheokand 23 May 2025
R.K Nanda (Advocate) 23 May 2025
After gap of 30 years no chances.
If new cause of action have arise then you can file new case.
sumeet sheokand 23 May 2025
sir but the we appealed after that in division bench the division bench sent us to the single based on other ground which lowered the amount of money i got and the all that years i was fighting on the other ground which court noticed and sent us back to single court its decision came in feb this year . advocates were not listening to us you have won on this ground i need only that letter or om they didnt listen . In the High Court division bench we won exparte as they produced our wrong evidence . we werent heard in that matter neither we were allowed to appeal because divison bench sent us back to single bench will not it be against natural justice
T. Kalaiselvan, Advocate (Advocate) 23 May 2025
If you were directed to approach single bench then you should seek the relief in that particular court only.
You cannot blame an advocate if you have not followed it up properly.
You have been fighting the legal battle for three decades or so, by now you would be more knowledgeable than your advocate, hence it is a surprise that you blame someone for your own mistake.
You may discuss with your advocate and proceed if you are convinced or change the lawyer who can handle it more efficiently.
sumeet sheokand 23 May 2025
exparte part in the court division bench was due to wrong address given in court not wrong evidence i typed it mistakenly three decades have taught me many things. in contempt in high court our advocate became hostile in supreme court getting a noc from advocate was so hard almost a fight happened as he was asking for money without even filing the case and given money that he took. and in last its after win of the case also lawyer asking for money for mentioning exparte decision happened in six months but the decision took 7 years still asking for money but i am in a forum of lawyers so not all will agree its very hard to fight for 3 decades easier said then done
T. Kalaiselvan, Advocate (Advocate) 23 May 2025
No concrete opinion can be rendered in further without perusing the case papers and analysing the facts and background details.
sumeet sheokand 23 May 2025
in 1995 its civil rule 12 of 1995 where wrong evidence was produced in High Court of Gauhati
Law Student 24 May 2025
I am giving a general reply, because your posts are not clear to me.
The limitation period is three years from the date of knowledge of fraud. You must take necessary steps within three years of knowing all about the fraud and all its details.
Secondly, it depends on what exactly is the fraud. If it is a major fraud, it may be considered by the Courts. If it is a minor fraud, it may not be considered.
Thirdly, it appears that you filed some proceedings in some Courts, though it is not clear to me from your posts. So, you can file an application for condonation of delay explaining what you were doing all these years.
The Supreme Court of India held in some cases that the technicalities of limitation should not come in the way of justice. So, if there are valid reasons, and if you suffered a huge loss, and if the alleged fraud is worth considering, then you may get positive response from the Courts.
In short, there is nothing wrong in trying, if you think you have valid reasons.
sumeet sheokand 25 May 2025
in simple language these are fact
`1 i went to court in1995 lost because they produced wrong evidence was serving in miltary in remote area communication means were not there appealed against the order the division bench seeing a other document in the pleading said this is not disccussed go to single bench . then i went to single bench then division again then supreme court then high court for contempt of supreme court and then again supreme court and decision came in feb this year 2025 . i was fighting on the document for which the division bench sent me to lower court in1995 all this year . which lowered the amount if i would have won in 1995 this is summary of events
Law Student 25 May 2025
Wrong evidence or wrong address?
In any case, your opponents won the case in 1995, and after that, you appealed against it.
You fought in division bench, single bench, Supreme Court, High Court for contempt of Supreme Court, and again Supreme Court.
The latest decision came in 2025 February. Are you happy with it or not?
It appears to me that you cannot now raise the issue of fraud committed in 1995, because you already appealed against it, and several proceedings were conducted in High Court and Supreme Court, and the latest decision came in 2025 February in Supreme Court.
You must focus on the latest decision. If you are unhappy with it, you can file Review Petition and Curative Petition in the Supreme Court, one after the other. You can even raise the issue of fraud or misrepresentation in these petitions, if it is still relevant now after so many proceedings.
sumeet sheokand 26 May 2025
scorry i think my english is weak or i am unable to express me well let me clarify
1 1995 i approached court lost due to wrong evidence
2 went for appeal in division bench division bench sitiing other document said its not disscused go to single bench (the matter i appealed for remain undiscussed due to going to single bench)
3 from single bench i started fighting on the other ground from single to division supreme court then contempt and then supreme court in feb thsi year i got judgement in my favour.
but i feel if i would have won on the ground in 1995 i would get more benifit.
5. my question is can i go to court under
deceit/negligence for submission of wrong evidence seek further compensation they knew that they are producing it wrong i have documents about can i go to court
6 my jurisdiction has changed now can i file it in my jurisdiction or it will be like contempt where it was 2000 km from away and it become a hurdle to communicate to lawyer
T. Kalaiselvan, Advocate (Advocate) 26 May 2025
If you are going to file a fresh case on the same cause of action, it would be rejected citing res-judicata because your case went up to supreme court and you have already won the case. You cannot agitate the decision of supreme court because the supreme court has passed an order in your favor, which has been admitted by you in one of your posts of this thread.
Now you are coming out with a new story by suppressing the fact that you already got the relief in your favor.
It is not necessary that the court has to pass orders favoring you in all the counts, if the court feels that you deserve some favorable decision and it has granted you the relief, then you may not be able to agitate the same especially if that decision was approved by the apex court.
You may better discuss at length with your advocate who had been handling your case all along till this date and take appropriate decision if you still would like to proceed.
sumeet sheokand 26 May 2025
yes i would want to consult a AOR in supreme court for contempt again i came to know today they arent following court orders .
Law Student 26 May 2025
One of the principles of litgation is that multiplicity of proceedings should be avoided. You must raise all issues and all grounds at the same time and get all reliefs at the same time. If you did not get all reliefs at the same time, you can go for one or more appeals.
You should raise issues such as deceit, negligence, fraud and misrepresentation at the earliest opportunity. Whether these issues can be raised now or not can be decided only by studying your case history in detail. Prima facie, since this case went through so many proceedings, it may be difficult for Courts to consider these issues.
The principle of litigation is that issues cannot be agitated again and again and a new ground cannot be raised in each proceeding.
As I said earlier, there is nothing wrong in trying if you think you have valid reasons. You show all the papers to a good lawyer and discuss and decide.