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Ghazala Rahman (advocate)     13 December 2019

section 39 of specific Rel act1939

Hello all Sirs
1. I have filed a suit u/s 39 for cancellation of a contract for running a tuition centre . Being made with fraud.
Fraud came into knowledge after 5 years
2. I applied for cancellation of contract....as the sharing of profit was concealed from me at the time of making.
3. Sr civil court ordered me to Make The Landlord also a party. I request court he knows the issues and he has no concerned with the contract. He only receives fixed Rent.
Court Rejected my plaint with out Notice to Respondents.
4. I went in 1st Appeal agaisnt illegal rejection Before DJ. here service was held good but none appeared from Respondents side.
5. Even the lower court was not file reply as I also make him party.
6. My appeal also dismissed and lower court order maintained .
The DJ passed detailed Judgment and Decree of dismissal. Even he not accepted plea of fraud which I proved successfully.
7. Now I want to approach HC ...should I file Appeal u/s 100 or Revision Application against Judgment and Decree of DJ dated 20.11.19.
8. Moreover cost was not imposed on me by DJ.
My answer is that Appeal shall be filed ....so that the grounds taken in Plaint and order of lower court be placed justaposition before HC.
Thank you


Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     14 December 2019

Dear sir,

You have to file appeal against the judgement of district court in high court.

Regards,

Ghazala Rahman (advocate)     14 December 2019

I appreciate Sir.

Ghazala Rahman (advocate)     15 December 2019

that my little legal knowledge answer was right

Ghazala Rahman (advocate)     15 December 2019

but the Revisison Application cannot be a suitable remedy in this case
Because its scope is limited compared to Appeal u/ s 100

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