• Plea for decree

In a Title suit can one plea for a decree without the final order/judgement? On the ground that other parties have failed to produce the required evidence while the case is still on documents stage. 

What remedies are available to correct this mistake by the advocate as he has already filled for the decree if doing a procedural error?
Asked 4 years ago in Property Law
Religion: Muslim

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18 Answers

only after final order /judgment has been passed can you apply for decree 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

No.

If the contesting parties admit about your pleadings.  Under said circumstances, upon making application by you, the Court will pass "Judgment on Admissions" .

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

There can be a preliminary decree. Mostly pass in partition suit, it may be preliminary or final but without  documentary evidence, how court will decide ? 

File amendment and documents in support of prayer and pleading.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

If there is admission on the part of the defendant then the court can pass decree in part .

However for failure of defendant to produce any evidence no decree , either in full or in part be passed by the court.

The plaintiff can not take advantage of the defect or lack of defence of the defendant. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

See if the court deem fit it can pass decree though the court shall follow complete procedure before granting decree.

The application can be withdrawn with permission of court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- It depend on the satisfaction of the Court , i.e. Yes, the Court can pass judgment/order , if satisfied that there is lack of evence . 

- But , generally ,at the premilanary , stage , the court will give time to conclude the case.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

1.  In some matters and depending on the case details, a interim decree before judgement is given by court, subject to certain parameters set by the court.

2. IF there was any inadvertent mistake, THEN a further application can be moved to withdraw such application, which will be allowed, subject to the court's discretion. It is normal.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes in case the other party is not able to produce any required document to support the claim the other party can claim the degree from the court and if it is satisfied the degree  may be issued by the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Sometimes the documents submitted along with the plains main again submitted at evidence stage if it is being submitted now at this stage then there is nothing wrong in that

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If you are not happy with your lawyer show your case papers to another lawyer and get second opinion 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

It's the court discretion to pass order and decree. Even if you file frivolous application it will not be considered by court and it will follow procedures

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

A petition can not be filed again of previously the same was heard and disposed by court.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

See the prayer shall be same. He is doing as per his understanding and it is better to trust him he is doing correct. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Neither rule contemplates more than one preliminary decree and one final decree in one suit.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Same prayer and pleading not maintainable if already decide in previous suit.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

What do you mean by plea for decree ?

In the partition suit ther is a provision for passing preliminary decree that too only after conducting full trial.

In other suits the court will conduct the trial, if the opposite party do not appear or fail to file written statement despite sufficient time granted, then the court may pass an exparte decree.

Therefore ascertain what do you want of clarify by posting this question here?

 

T Kalaiselvan
Advocate, Vellore
84723 Answers
2172 Consultations

5.0 on 5.0

Are you mentioning about the prayer made in the suit?

A similar petition or suit cannot be filed for the same cause of action once again.

You may better change the lawyer and discuss with a new lawyer about the events that had taken place so far in this case and get the same rectified if there  was any error committed by the previous lawyer.

T Kalaiselvan
Advocate, Vellore
84723 Answers
2172 Consultations

5.0 on 5.0

No you cannot pray for decree before final judgement of case. 

You can pray for amendment of plaint at any stage of hearing before the judgement is pronounced by trail court.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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