only after final order /judgment has been passed can you apply 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?
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No.
If the contesting parties admit about your pleadings. Under said circumstances, upon making application by you, the Court will pass "Judgment on Admissions" .
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.
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.
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The application can be withdrawn with permission of court.
- 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.
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.
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
Also in this same case, my advocate has filed the same decree after 3 years of the first date of filing the plaint. He has asked for the same decree which he has earlier asked in the plaint? Is he doing anything wrong here? Also, he is resubmitting all the fact of the case while submitting the pea for the decree at the present time? Is he doing anything wrong?
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
If you are not happy with your lawyer show your case papers to another lawyer and get second opinion
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
See the prayer shall be same. He is doing as per his understanding and it is better to trust him he is doing correct.
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?
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.