file appeal against HC order before SC as your review application has been rejected
2) the Respondent is not in position to provide 2 BHK agreed upon . further statement accepting offer was given by your lawyer without your consent
Played fraud on HC
In a suit of partition the trial court rejected the application filed by plaintiff under exhibit 5 to grant the interim stay order against defendant. The plaintiff therefore filed appeal in appellate court whereby the appellate court was pleased to dismiss the trial court’s order, therefore the defendant went to HC, Mumbai, whereby HC was pleased to passed order after hearing of both side advocates who said that both are ready for compromise by keeping one 2BHK block for plaintiff in the construction, which defendant is constructing, subject to outcome result in partition suit. The Plaintiff (respondent in HC) never given any consent to such compromise nor he instructed to his advocate in regards with such compromise. Advocate did this without knowledge and behind the back plaintiff. Therefore plaintiff filed the review petition on the basis of consent which was not given by him but HC rejected the review petition because the HC already accepted the statement. However the Applicant (defendant) filed an application in HC for correction of flat dimensions, as the block which they offered in HC earlier which was said to be 2BHK but later on they realized that the said block is 1BHK and to correct this mistake they filed the application for correctness, which was rejected by HC. Now my question. : when the HC passed an order on the basis of compromise that one 2 BHK flat will be reserved for plaintiff subject to outcome of trial Court decision, and said flat now not in existing. Therefore I wish to challenge the said order on the basis of defendant (applicant in HC) has played fraud on HC by misleading the block which is not in existence. Please guide whether I will succeed in application in view of my present stand and review application which was rejected by HC.
Asked 5 years ago in Civil Law
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9 Answers
In my view in your case it is better to approach the Supreme Court as appeal is decided and review is rejected , you need to contest same on merits and respondent misleading the hon'ble HC.
Please file a Contempt Petition immediately instead of filing another application , in Contempt Petition make all the respondents party as made earlier, this petition should contain all the facts from beginning to end.
Dear Client,
First of all, any compromise entered by advocate without directions is invalid and same was suppose to set aside. May be your review application not argued properly. File appeal agasint the review order sitting both grounds that no directions to advocate and no such block exits and same admitted by respondent and hence, above order obtained by misleading both court and plaintiff. And respondent should be prosecuted under CrPC.
I think the HC passed the order recording the compromise, in a writ petition filed by defendant challenging the appellate court order allowing your appeal
Were you present in HC when your advocate made the statement to court?
On what basis do you say that advocate consented for the compromise without consulting you?
As your review petition is rejected, you can try a letter patent appeal before a division bench of HC
If the order recording compromise was passed by a division bench then you will have to file a SLP in Supreme Court
How strong your case is on merits can be deduced only after reading the papers
- As per the information mentioned in the present query, makes it clear that HC has erred in not taking your plea of lack of consent on your part which could also be seen from the fact that you were also not there in the court as the time of statement been given in court.
- But, now as the same has been rejected, you should approach the Supreme Court of India in SLP seeking your interest to be saved.
- But, if now you don’t want to go for the same and somewhere tend towards the statement of compromise then you have an option to file the contempt of court for misleading the cpurt about the exact pasition of the property.
- You need to be very particular about the drafting of either of he petition whether SLP or contempt petition, otherwise you may lose your pertinent points to put before and show the intention of the other side.
- Try to look for a good lawyer, who is very good in drafting as this is the soul of the case.
1. The application for amendment of decree was dismissed by the HC. Hence, the original order passed by the HC whereby and whereunder it disposed of the petition on the basis of statement made by defendant. stands with full vigour.
2. Now the only remedy is to carry the matter through SLP to the Supreme Court.
Yes it is a fraud played by the said party you can take perjury orders form the court as well as contempt Petition can be filed.
Where can you challenge the HC order?
A review petition against the high court's decision was also dismissed by high court, so where are you going to prefer an appeal against it?
Are you planning to approach supreme couirt with a SLP?
