Remedies after slp dismissal

The supreme court is the highest court of the country, and if it has not provided you the relief sought then you have no other option than to accept the verdict.

However you have the right to ask the Supreme Court to review its own dismissal of your SLP under Article 137 of the Constitution.

Supreme Court Review Petitions are typically decided in judges' chambers without oral arguments and have a very low success rate unless there is a glaring, unmistakable error of law or a miscarriage of justice. It is legally available, but tactically tougher than approaching the High Court.

Dear sir ,

But the desision was taken by avoiding my submission as I was not reaching out within 10 days as per summary suit and case was decreed. in entire case no any court listen me and my submission was ignored, it's a highly objectional that how can a court decide a case without listening to other party.

Kindly note.

Presumably the plaintiff has filed a summary suit for  recovery under order XXXVII Rules 1 & 2 CPC where you lost the date for leave to defend and you filed RFA assailing the order of Trial Court, which was also dismissed. Subsequently you have moved in SLP and same was also not admitted, isn't it? If so, you can move the High court to review its decision (if it is for condonation of delay in filing RFA) through your lawyer.

However, facts posted are incomplete.

It is better to show entire case file to some other local prudent lawyer for proper analyses of facts, which will not serve the purpose as it may not be as presumed.

Dear vashishth Ji ,

Thanks for giving reply.

Kindly advise which is best option for this condition 

1. Review in high court of its own order which was dismissed due to condonation of delay of some part period.

Or

2. Review of SLP in SC in judge`s chamber.

Waiting for a reply.

Thanks and Regards 

LEGAL OPINION

Facts

The applicant states that:

• an ex parte decree was passed against him;
• leave to defend was not granted (suggesting the matter may have arisen from a summary suit under Order XXXVII of the Code of Civil Procedure, 1908);
• a Regular First Appeal (RFA) was filed before the High Court of Delhi;
• there was a delay of approximately 400 days in filing the appeal;
• the High Court condoned only part of the delay and dismissed the appeal as time-barred;
• a Special Leave Petition was filed before the Supreme Court of India;
• the Supreme Court dismissed the SLP by a non-speaking order stating: "We are not inclined to interfere in the impugned order."

Issue No. 1

What is the effect of dismissal of the SLP?

The settled law is that:

• a non-speaking dismissal of an SLP does not amount to affirmation of the High Court's reasoning on merits;
• the doctrine of merger generally does not apply to such dismissal; and
• it does not create a binding declaration of law under Article 141 of the Constitution.

Therefore, the Supreme Court's order does not decide the substantive merits of your underlying dispute. However, it does leave the High Court's order dismissing your appeal intact.

Issue No. 2

Can the ex parte decree now be challenged?

That depends upon what proceedings have already been exhausted.

• an application under Order IX Rule 13 CPC (to set aside an ex parte decree) has already been dismissed and attained finality; and
• the appeal against the decree has also failed on limitation; and
• the SLP has also been dismissed,

then the ordinary remedies against the decree may have been exhausted.

Issue No. 3

Is there any further remedy?

Possible remedies, depending on the facts, include:

(A) Review

If the High Court judgment dismissing the appeal contains an apparent error on the face of the record, a review petition may be maintainable, provided it is within limitation and the grounds under Order XLVII Rule 1 CPC are made out.

 (B) Curative Petition

A curative petition before the Supreme Court is an exceptional remedy available only in the rarest cases, such as:

• violation of principles of natural justice;
• bias;
• or other grave procedural injustice.

(C) Independent Proceedings

If the ex parte decree was obtained by:

• fraud,
• forgery,
• impersonation,

then, depending on the facts, independent proceedings may be available. Courts have consistently held that fraud vitiates judicial proceedings, but such allegations must be pleaded with specific particulars and supported by evidence.

Whether the High Court Was Right in Refusing to Condon the Delay

Under Section 5 of the Limitation Act, 1963, delay may be condoned if "sufficient cause" is shown.

If the delay was genuinely consumed in pursuing another remedy with due diligence and in good faith, the appellant may rely upon Section 14 of the Limitation Act, where applicable. However, whether Section 14 applies depends on the precise nature of the earlier proceedings and whether they were prosecuted before a forum that lacked jurisdiction or suffered from a similar defect.

The High Court exercised its discretion by condoning only part of the delay. Such discretionary orders are generally difficult to interfere with unless they are shown to be arbitrary, perverse, or based on an incorrect application of law.

Dear Mayank ji,

Both the options are available to you.

However, I shall prefer and advise to move to High Court either in review (by same court/Judge, which generally fails) or LPA  assailing the order passed by Single Judge of the High Court.

I could not find it convincing wherein the High Court is stated to have condoned part of delay, are you sure ?

What is the opinion and advise of your lawyer who is well aware about facts and circumstances of the case, besides the fact that s/he an able, competent, intillegent enough and duty bound to satisfy your question(s)/query(ies) ?

Dear vashishth sir ,

All the period which wars consumed by me to find out the solution by other remedies was condone , but 4 month when my application of objection u/s 47 was running in trail court not condone.

Thanks 

"these delay period was consumed from other remedies apply by me for setting aside the decree" What were the other remedies allegedly pursued? 

What is the RFA No.?

Dear sir , 

Can u share contact details.

Thanks 

Originally posted by : Mayank
	Dear sir ,    Can u share contact details.   Thanks

Contact details could be accessed from profile.