Balaji Bakthavathsal (+919444448455) 28 October 2022

Limitation of ia petitions in appeal suit

Is there any limit for submission of IA petition in a Civil Appeal Suit ? The appellant, who is the plaintiff in the original suit, filed the suit seeking partition on a property on which the plaintiff has no right at all by submitting false documents, The trial court dismissed the petition saying that the plaintiff has no right on the property and imposed a cost of Rs. 3000/- under the section 35-A of CPC. An Appeal suit was filed in the District Court and with the intention of dragging the suit, IA after IA is simply being filed one after the other even before the IA submitted previously is taken up for hearing. In 2019 an IA was submitted seeking stay for disposal of the property. Though the petition is pending for more than 3 years, some more IA petitions were filed one seeking injunction and the other asking for legal heir certificate etc. Can the learned lawyers elucidate me in this regard ?

Thanks & Regards

Balaji

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 28 October 2022

It is easy to file I.A's. The prerogative of a court while dealing with an interlocutory application is not to delve into serious questions of law which demands detailed arguments and serious consideration and therefore the courts do not go into the facts the resolution of which might end up in the determination of the original suit.