I had entered in agreement to sell with land owner but after receiving earnest money, he refused for registerd sale deed, therefore I had approched Ld. Trial Court. After recording the evidence the Ld. Trial Court passed the judgment and decree in my favour.
The land owner approached HC in First Appeal. The HC admitted the appeal and grant the interim stay. The said matter was pending in HC for almost 15 years and when it was listed for final hearing the said appeal got disposed of in Did for none present.
I filed a decree for execution asa the appeal got disposed of. The show cause notice then issued by executing court to land owner thus land owner came to know about dismissal of first appeal. Therefor he approached HC for restoration of First Appeal. HC after hearing both sides, allowed the restoration application thus First Appeal was restored to its original position.
After 5-6 months this First Appeal remanded (on pecuniary jurisdiction of HC) to Ld. Trial Court (senior judge senior division). No Notice was issued to me either by HC or Ld. Trial Court regarding this transfer from HC to Ld. Trial Court. (please note here , I had not given any Advocate in First Appeal). The R.C.A. (formally First Appeal) was pending in Ld. Trial Court for 5 years and I did not attend a single date, being not known about transfer). However there was no progress in R.C.A. and just it was listing for steps on every date.
In last 5 years I never turned to a single date therefore the appellant thoroughly planned and filed a pursis in Ld. Trial Court, stating therein that "she has completed the compromise talks with respondent therefore the said R.C.A. matter should be refferred to lok adalat and there is no notice is reqired as she already informed the Respondent to present in Lok Adalat on date fixed".
The Ld. Trial Court issued a notice to me in regards with Lok Adalat to be held on .........The said notice was issued by bailiff to me. On that notice there was R.C.A. No, my name, date and Time. As I could not understand the matter as that R.C.A. No was not familiar to me. However I could not go to lok adalat on the fixed date.
After few days while taking the search for that R.C.A. No. I first time came to know that the First Appeal remanded to Ld. Trial Court before 5 years. However taking more search I came to know that the Lok Adalat has passed an order on the basis of compromise memo filed by appellant and one third person who has no locus standi. Appellant has signed the compromise memo and that third party signed as a Respondent by putting his original name and sign.
After knowing this fraud, I started collecting information by applying for certified copies, which I have received just.
Now I have following options to solve this problem.
1. Writ Petition in HC under article 226/227 2. by filing an application for review the order.
3. to file a fresh suit for setting aside the order.
when I think of above options again I face legal problems, which are as under.
A. Writ Petition: As per SC's decision of 2008 (3 bench) I cannot file a writ petition in HC under 227 as it is clearly mentioned in that order that when party has not signed compromise memo, then approaching HC under article 227 does not arise. (please note I have not signed the compromise memo)
B. Review Application : According to me lol adalat has no jurisdiction to entertain the review application, and I cannot file such application before Senior judge senior division as they have not passed the order.
C. Fresh suit : To file a fresh suit to set aside a decree, I am confused whether article 100 of limitation act attracts in view of limitation. if yes then I am thinking to wait for few days to gather more information on this fraud.
You are all requested to read in details and reply me correctly and legally in view of my age 62 now. I was 30 years when I was firstly filed the special civil suit against land owner but still too away from getting justice.
Thanks.
Most interesting conspiracy.-- waiting for expert's advises.
