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RAMBO   21 March 2009

Verification of Filing of Appeal

Sir,

 

I met with an accident and sustained severe injuries and I have appointed an advocate for to plead my case in city civil court for compensation.  The court has given decree in my favour but awared less compensation.  I would like to go for appeal.  When I ask our advocate he told me that the has already assigned my case to another  advocate practcing at high court to file an appeal on my behalf.   He further told me the initial vakalat given by me is sufficient for appeal also.  But if I ask for Appeal No.  he was telling he would give later.  In this circumstances I have the following doubts.

Whether the initial vakalat given by me sufficient for appeal also?

whether our advocate would have filed appeal in high court?

How can I find out the fact that my appeal is going on in high court?

Please clarify the above

Thanking you all

RAMBO



Learning

 11 Replies

Swami Sadashiva Brahmendra Sar (Nil)     21 March 2009

you have to file fresh vakalatnama in appeal to high court.


the appeal may have been filed in registry and may not have been put up before the bench as there is no case of interim order. if it has been filed it will come up before bench in ordinary course.


to verify and get the appeal no. you have to chek the filing register in high court's office.


Dr. V.N. Tripathi, Advocate


09839527421; 0532-2545245


dr.vntripathi@yahoo.com


 


 

Tribhuwan Pandey (Advocate)     21 March 2009

Once visit to your High Court and check he matter in inquiry section. Now-a-days every office is computerised. whether appeal has been filed check by your name as  written in civil court case, if an appeal has been filed, it will show name parties and name of the advocates.



Tribhuwan Pandey (Advocate)     21 March 2009

Once visit to your High Court and check he matter in inquiry section. Now-a-days every office is computerised. whether appeal has been filed check by your name as  written in civil court case, if an appeal has been filed, it will show name parties and name of the advocates.



n.k.sarin (advocate)     21 March 2009

Dear Rambo,


Initial vakalatnama is not sufficient for appeal in High court.


Without your permission he has no right to file Appeal.


YOu must contact to the registrar of High Court yourself or throug your representative to get the real fact about the said appeal. matter is doubtfull.

SANJAY DIXIT (Advocate)     21 March 2009

I agree with the views made by Mr pandey.


You may verify it from the enquiry section of concerning H.C.

N.K.Assumi (Advocate)     22 March 2009

There is a classic case delivered by V.R.Krishna Iyer,J, in the case of Jamilabai Abdul Kadar vs Shankarlal Gulbachand and Others, as reported in 1975-(002)-SCC-0609-SC. No worry be Happy. The case will covered your case.

N.K.Assumi (Advocate)     22 March 2009

See also Bihar State Electricity Board and Others vs Bhowra Kankanee Collieries Ltd. and Another as reported in AIR 1982-0060-SC. Judgment delivered by D.A.Desai and Bharul Islam,JJ.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     23 March 2009

Mr. N.K. Assumi is absolutely right.

Swami Sadashiva Brahmendra Sar (Nil)     23 March 2009

mrs. buddhiraja is always right.

RAMBO   23 March 2009

Mr. NK Assumi Sir,


You have given a case law but you did not tell how it protect me and u are assuring me not to worry. Please clarify how I am protected by the case law and what the case covers.  And I am scaring that the limitation period for filing of appeal is over.  In such case how can I be protected and what shall I do.  Kinldy  help me in this matter.


Rambo

N.K.Assumi (Advocate)     23 March 2009

Let me quote the relevant portion of the judgment of  D.A.Desai and Bharul Islam,JJ. "it must be borne in mind that the procedure is devised for doing justice and not for thwarting the same.........But to take the view that failure to comply with the order for filling Vakatlanam would result in dismissal of the appeal involving a fairly good sum is to put such procedural requirement on a pedestal tall enough to hinder the course of justice." We find it difficult to be a party to this proposition.Hence we are inclined to interfere. We accordingly allow this appeal, set aside the order dismissing the appeal and restore the FAO.


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