Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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dheepak srinivasa (self)     17 February 2022

Slp civil in supreme court

what is my chances of SLP getting admitted in Supreme Court in civil matter concerning money suit.  High court has remanded the matter back to Additional district court for the matter to be taken afresh. I had earlier filed a plaint asking for 2 reliefs .. one based on simple money suit.. other one was on mortgage by deposit of title deeds.. In the High court I had amended the plaint to simple money suit thereby abandoning the claim of mortgage. As evidence has been let out for both in the trial court I had requested the High court to discard the portion of evidence let out on mortgage and adjudicate the suit based on simple money suit. But the High court remanded the matter back to trial court to take up afresh as money suit.   I want to appeal against  this under order 23 rule 1 in SC. Do i have a good case. already 17 years have passed for the matter to get finalised in HC since the inception of this case. I want this case to reach the finality.


 2 Replies

P. Venu (Advocate)     17 February 2022

There is hardly any chance that leave would be granted. The HC has not given any final decision, but only remanded.

Dr J C Vashista (Advocate)     18 February 2022

The case is yet to be adjudicated by Trial Court of Addl District Judge, accordingly SLP under Article 136 of the Constitution of India before Supreme Court shall not be entertained / admitted till it is decided and idsmissed by ADJ and High Court in appeal under section 96 followed by section 100 of the Code of Civil Procedure, 1908. 

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