Background Plaintiff filed the partition suit against his family members to claim 1/3rd share against his brother & sister during 2013. During 2018 the said suit OS 25/2013 were ended in compromise under order 23 rule 3 read with section 151, accordingly decree were drawn. Plaintiff has taken share amount and relinquished his right. One of the schedule properties, sale deed was executed jointly by plaintiff & his family members to other purchaser during 2018. The purchaser is not a party for OS 25/2013. The same plaintiff filed Partition suit again during April 2022 as OS 41/2022 against his family members and Purchaser were included on the same schedule property, the prayer is as follows, 1. Plaintiff’s 1/5th share in the SSP 2. Declare that the alleged compromise decree passed in OS No. 25/2013 on the file civil judge court is not binding on the plaintiff. But this suit OS 41/2022, were dismissed during April 2023 under Order 7 Rule 11(a) & (d) R/w Sec 151 of CPC and also it is mentioned in the judgement copy that no separate suit is maintainable to reopen the compromise decree except writ petition. Now same plaintiff after 4 months, filed the regular appeal – RA 87/2023 under section 96 read with 41 of cpc with following ground, & court served the notice to various respondents 1. Trial court has considered the respondent application file under order 7 rule 11 (a) and (d) 2. Appellant produced various exhibits in support of his case. In spite of it lower court dismissed the suit. Along with Appeal, application under section 5 of limitation act were submitted stating the condone delay reason that Appellant/plaintiff unable to contact his counsel due to lack of legal knowledge, recently when contacted his counsel through phone came to know the dismissal of suit. Thereby immediately appeal was filed. Other information mentioned in appeal memorandum • The court fee paid on the suit in the trail court is paid on the appeal memorandum. • Just Rs. 200 was paid for both OS 41/2022 & RA 87/2023. Question: 1. Whether this case is maintainable? 2. On what ground respondents need to contest. 3. Whether it is duty of counsel to inform the outcome of case to plaintiff or not on regular basis? 4. Whether reason cited by appellant for condone delay are acceptable? 5. Why the court fail to scrutinise basic documents before issuing the notice to respondents such valid ground for time limitation and proper court fee were paid or not as per Karnataka court fee structure. 6. On what ground the plaintiff/ appellant need to be punished both in term of financial and imprisonment for repeatedly filing the meritless suit and wasting the court time. 7. In same RA, what ground respondents need to file application in the court to recovery the litigation costs from the plaintiff/appellant 8. What preventative measure can be made that plaintiff/appellant should not file meritless suit again and again.
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1) appeal would be dismissed
2) duty of lawyer to inform client about order passed in his case
3) reasons cited are not acceptable
4) respondent should take the plea that Appellant has signed consent terms and compromise decree is binding
5) costs be imposed on Appellants
Dear client,
Whether this case is maintainable?
On what ground respondents need to contest.
Whether it is the duty of counsel to inform the outcome of the case to the plaintiff on a regular basis?
Whether the reasons cited by the appellant for condone delay are acceptable?
Why the court failed to scrutinize basic documents before issuing the notice to respondents?
On what ground the plaintiff/appellant needs to be punished both in terms of financial and imprisonment for repeatedly filing meritless suits?
In the same RA, what grounds respondents need to file an application in court to recover litigation costs from the plaintiff/appellant?
What preventative measures can be taken to ensure the plaintiff/appellant does not file meritless suits repeatedly?
1. You said the plaint was rejected hence the plaintiff has preferred an appeal, hence you may have to wait for the decision by the appellate court in this connection.
2. The same ground by which he got the plaint rejected.
3. It is the duty of the plaintiff to enquire about the status and progress of the case including the next date of hearing.
4. It depends on how you raise objections.
5. It is not the problem of the court, if the court finds a a valid reason to entertain the appeal, it will certainly take the appeal on hits file and it is for the respondent to raise objections and get the appeal dismissed.
6. This is as civil disputer hence no question of punishing the wrong doer.
7. No grounds to claim litigation costs, except if court decides to impose costs on the appellant while dismissing the appeal.
8. No preventive measure except to challenge the same and get them dismissed,
Thanks for fewer response received from panel advocate it is excellent informative. I kindly request some more panel advocate to respond with legal term such as suitable section/order/rule to have better insight.
Wait for some time and you will receive more response from other advocates
You may have to be contended with the replies you have already received.
If you need further or specific clarification then you an approach any lawyer of this forum by having a phone consultation with the chosen lawyer
1. No, as the plaintiff has entered into compromise under order 23 rule 3 read with section 151.
2. As per law, a compromise can be cancelled whenever the compromise decree is vitiated on the grounds of fraud, illegality, mistake of fact, coercion, undue influence or misrepresentation.
- Since, the said plaintiff has withdrawn the case after entering into a compromise deed before the court , then he cannot re-file the same case or appeal before the higher court on the same cause of action.
3. Not mandatory , as the counsel has his right to withdraw the case on behalf of the plaintiff
4. No
5. You can file reply with the prayer for dismissal of the case
6. A contempt petition can be filed against him.
7. Can claim after filing the reply of the petition
8. contempt petition.
