A high valued property is currently in litigation in regards to specific performance. The suit fee of about 15 lakhs has been paid and an OS number created in tamilnadu. However the defendant filed an IA requesting the suit be dismissed and and IO (Interlocutory order) was given to dismiss the suit without any merits and the court fee of 15 lakhs was also dismissed. The OS case was never taken up and the merits for the case was never looked at. Recently while reading a law book I came across the following
The n a t u r al a n d logical m e a ni ng of a n interloc utory order is a n order
whic h does not te r mi n ate t he p roceedi ngs or finally decide t he right s of t he
p a rties. In ot her word s t hey a re st a ted to be order s, whic h only decide s a
p a rtic ular a s pect or a p a rtic ular iss ue or a p a rtic ular m a t ter in a p roceedings,
s uit or trial b u t does not however concl u de t he trial. (V.C.S h u kla Vs. St ate AIR
1 9 8 0 SC 9 6 2 @ 9 7 6, 9 7 7-7 8)
If the above is true then it seems like I had been taken for a ride. Currently my case is in appeal in Madras High court. What should be my course of action, and can I complain about this abuse to the bar association.
Thanks
