File appeal in HC against order of ADJ
Question regarding cost on decreed suit
Hi, I am the defendant in the suit filed for specific performance. The plaintiff prayed for execution of sale deed on acceptance of sale consideration before the Principal District & Sessions court. Since the prayer is to execute the sale deed on acceptance of balance consideration, I appeared before the Hon'ble Justice and submitted to Decree and it was noted down, and the case was Decreed without cost asking the plaintiff to register the property with 2 months. I sent a legal notice to the Plaintiff asking them to come forward for the registration. Two days back I received an advocate notice from the Plaintiff stating that ADJ erroneously passed an order decreeing the suit without cost, and the notice also states that the Plaintiff filed a petition to rectify the mistake incurred through an Interlocutory application. Without sending any notice towards us, the ADJ allowed the said IA and amended the judgement and decree as "SUIT DECREED WITH COST". Where can I file an appeal against the order passed on the IA. Do i file an application in the District court or do I need to approach High court?
Asked 4 years ago in Property Law
Religion: Hindu
12 Answers
- Since, this order has passed from the ADJ , then you can file an appeal before the High Court for setting this decree.
- Further, it is a fit ground to set aside the decree ,as after passing judgment in the case , the same court court cannot amend its decree.
If this judgment has aggrieved you then you may have to prefer an appeal against the judgment before the appellate court only
The District court has passed the judgment on the basis of your memo submitting to the decree as prayed for.
If the prayer was for costs also then the rectified decree is binding on you because you have not specifically sought to delete the second relief of costs in your memo while accepting to submit to the decree prayed for by the plaintiff.
Therefore in my opinion, the proposed appeal may not be maintainable nor the appellate court may entertain the same for the said reasons.
In my opinion, you can get the sale deed registered without paying cost. IA heard without giving notice to you is not binding upon you. Let them approach the court, defend yourself and then proceed as per direction of the court. My advise is that when the mistake is in decree, in IA then, they should approach the court and you defend it.
Decision as to costs is not a is not a clerical or arithmetical mistake arising from accidental slip of omission, it is substantial question of law involving rights of parties. Such order cannot added to a decree after pronouncing it. The plaintiff should have filed a Civil Miscellaneous Appeal to HC against the order of District Court. You can challenge the order adding costs file a Civil Miscellaneous Appeal to HC. Order of District Court Will be set aside. For further clarification contact me through Pathlegal. Hit like button if answer is useful to you.
You can file appeal in High court. Only if exprte order you can approach same court
Dear Client,
Although Order VI Rule 17 permits amendment in the pleadings “at any stage of the proceedings”, but a limitation has been embedded by means of the proviso to the fact that no application for amendment shall be allowed after the trial is commenced.In 2021 Delhi High Court referred to Section 8 of the Commercial Courts Act, 2015 in a judgement which says:
“8. Bar against revision application or petition against an interlocutory order.—Notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a Commercial Court, including an order on the issue of jurisdiction, and any such challenge, subject to the provisions of section 13, shall be raised only in an appeal against the decree of the Commercial Court.”
commercial matters should be decided expeditiously and parties may not challenge interlocutory orders passed in the proceedings, except those which were specifically appealable.Hence, no ground for interference by this Court was made out in Ashok Kumar Puri v. S. Suncon Realtors (P) Ltd., 2021 SCC OnLine Del 5220.
Thanks & Regards
Hi, as I posted in the original question I received a notice from the Plaintiff advocate regarding the cost being imposed on me. But, on Friday the court has uploaded the copy of the Judgement in ecourt and it says the suit is decreed without cost. Can I expect the court to upload the amended judgement as the plaintiff advocate has sent me? How can I know which judgement is final and binding me. Thanks
Asked 4 years ago
Amended judgment would be uploaded on website
check the website after a week or so
There is cannot be two judgments. The judgment uploaded on the website is final judgment. Treat this judgment and ultimate and valid. There cannot be such practice the Court cancels it judgment and pronounces second judgment.
The court will upload the amended judgement. You can also seek certified copy from court too
If you have received the notice then it becomes your duty to issue a reply notice denying the demands leveled in the notice.
Let him approach court for recovery of cost, which you can challenge on merits.
Dear Client,
Kindly try to get the certified copy of your judgement.Whatever mentioned in it will be considered final and binding.Certified Copy is a photocopy of a document, judgment, or record that is signed and attested to as an accurate and a complete reproduction of the original document by a public official in whose custody the original has been placed for safekeeping.
Thanks & Record