Can two concurrent appeal filed in the Appellate Tribunal be dismissed under order - VII, Rule 11?
Dear Sirs,
My neighbor has made illegal constructions and we had filed a Civil Suit. The suit has resulted in the Lok Adalat Decree wherein the neighbor has agreed to demolish the illegal constructions. But they did not demolish and we have filed an Execution Petition and Contempt of Court which under trial for the past two years.
Meanwhile, my neighbor has filed an Appeal application challenging the rejection of their regularization application by the MCD (Municipal Corporation of Delhi) in the MCD Appellate Court which is also under trail for the past two years.
Legally, the appeal is between our neighbor and the MCD but we filed an application U/o 1 Rule 10 CPC impleading ourselves as party in the MCD Appellate Tribunal. This has been done since we have filed the Civil Suit and awarded the Lok Adalat decree. The MCD Appellate court rejected our application filed under U/o 1 Rule 10, but allowed us to orally argue and also participate in the trail and also in the final arguments. Also, the Tribunal has ordered us to submit our written statement during the trail. We are attending the trail at the MCD Appellate Tribunal on every hearing and our presence is recorded.
The fact is that our neighbor has filed two Appeal Applications in the Appellate Tribunal:
One on 20.01.2015 and another one was on 28.08.2015. But, they have withdrawn the first appeal only on 29.09.2015. That means that when they filed the second appeal application on 28.08.15, the first appeal was also active as on 28.08.15. That is, there were two concurrent appeals filed by the neighbor in the MCD Appellate court.
To be honest with you, the issue on concurrent appeals were pointed out in the written statement and also orally in the Tribunal.
Now, I understand that there are judgements Under Order - VII, Rule 11 - Rejection of Plaint in Clause (e), it has been stated that "where it is not filed in duplicate" as a ground for rejection.
So, the question:
1. Can we file an application Under Order - VII, Rule 11, Under clause (e) stated above and pray for the dismissal of their Appeal application since two appeals were there as on 28.08.15?
2. Some says that the application under Order VII Rule 11, can be filed at any point of time during the trail? Some says that this should have been filed long back. To be honest with you, our lawyer has overlooked this Section earlier.
3. Since we are not the party in the case but allowed to participate in proceedings and orally argue and allowed to submit written statements, can we file an application for the dismissal of their appeal under this section since two appeals were active on a particular day?
4. Any citation can be provided on the above under this section especially on Clause (e) "where it is not filed in duplicate"
5. Is there anything else we can do to dismiss the appeal filed by our neighbor in the MCD Appellate Tribunal ?
Namaskar,
Tripathi
Asked 7 years ago in Civil Law
