mehul (business) 27 September 2008

can a case be reopned after 18 years

My father had file case in civil court for land grabing.He had purchased a plot in 1965.There after three parties claimed that they had purchased the same plot in splited manner for some other person and have got registered documents of 1982.He filed a case and one party out of court comprised with him in 1990.There after the case is pending in the court.My father coud not follow up the case due to ill health and the both ny father and his advocated are deceased. Can I reopen the case after 18 years or whether the case is still open.I have no clue to at all what has happned in the court.Is there a time limit as per law.Now there is a public notice that one person is intrested in purchasing one of the piece of the land from one of the parties.Can i reply taking objection. Or do I have to have all the papers.I have only few papers.Can the file be obtained form the court as I have the case Nos..What is the procedure to obtain copy of the case file form the court and how much time will it take.

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4 Replies

advocate jain (advocate) 28 September 2008

if u have registered document of 1965 and u have proper record of revenue authorities..... u can open the case from the date of knowledge

N.K.Assumi (Advocate) 28 September 2008

Any judgment where the decision amount to error apparent on the face of the records can be challenged in the higher court, and when submitted the court will act to remove the error apparent on the face of the records, as no error apparent on the face of the records should be allowed to remain on records least it become obnaxious and bad precedent. Thus Supreme Court has also adopted Curative petition.

Ajay kumar singh (Advocate) 28 September 2008

Now it is too late for reopening the case. As per Order 22 rule 3 C.P.C. you could be substituted as plaintiff at your father's place within 90 days from his death. You can obtain the certified copies from the case record if it is found. I think the suit might have been dismissed. In such cases generally the case records are destroyed. As you were not a party to the suit,you may file a fresh suit.

siddu (Advocate) 28 September 2008

Yes it can be reopened. If there is public notice that someone is interested in purchasing that land, you can file objections. Before that you please obtain the papers of the previous case in the Court by simple application for copying copying the documents along with an affidavit stating that you is the son of the deceased party in the case and I am in need of the documents to produce it in another case. Please bear in mind that the objections are filed within time limitation of 90 days from the date of notification.