1.my case is pending in Highcourt for long time . Can I file a new case in Supreme Court for a direction to HighCourt to dispose my case in Highcourt early? 2 My brother has been issued n.bw and process 82 crpc in fir . Cjm has taken cognizance under bailable offence. My brother is medically and mentally unfit and unsound . He does not wants to go to court as he does not know legal system and consequences.currently he is in mental hospital. How can one take bail on his behalf . Can someone else take bail on his behalf? What is the process ? 4. We reside in Ranchi district in Jharkhand state .but our disputed property is in other district in Jharkhand state . Can we file case in Ranchi civil court as we reside here it is convenient for us to contest case . But our property is in other district. ?? What is the process? 5. If civil suit is admitted.what it means . Admited order can be challenged in higher courts or not ?? 6. If civil suit is dismissed for default twice . And new application has been filled for restoration of civil suit . What is the chance it can be restored or not ??? What plea can be taken to dismiss restoration application. 7. In bailable offence if n.b.w & crpc 82 issued can anticipatory bail be filled ?? 8 . Can gift deed be challenged after lapse of 60 years in civil court . 9 . If other party has filled civil suit for cancellation of sale deed . And he is in forcible possession without valid paper . How to take possession? In same suit we have to contest or we can file a new suit for same .
Yea you can seek directions from SC. Yes admitted order can be challenged in Higher court
no ABA in bailable offence
yes gift deed can be challenged but you should prove you were not having knowledge. The limitation is 3 yrs
you need to file eviction suit for same
Seek expedited hearing in HC only no need to approach SC
2) personal presence of accused is necessary in court to apply for bail .court would then cancel NBW
3) request court to cancel warrant issued enclosed brother medical certificate and that he is in mental hospital
4) suit has to be filed where property is situated
5) if case is admitted court would consider your contentions ,based on evidrnce and after hearing arguments court would pass orders
6) court may restore it on payment of costs
7) Gift deed cannot be challenged after 60 years claim is barred by limitation
8) you have to file suit for eviction against trespasser
If your case has been pending before the Jharkhand High Court for an unduly long period, the proper course is to first file an application for urgent hearing or early disposal before the same court. Only if no effective relief is granted and the delay is causing serious prejudice may you approach the Supreme Court of India seeking a direction for expeditious disposal, it is an exception, not a rule. As regards immovable property disputes, a suit concerning title, possession, cancellation of sale deed, or injunction must ordinarily be filed in the court within whose territorial jurisdiction the property is situated, as mandated by Section 16 of the Code of Civil Procedure, 1908. Therefore, even if you reside in Ranchi, you cannot institute the suit in Ranchi merely for convenience if the property is located in another district.
Where NBW and proceedings under Section 82 CrPC (now corresponding provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023) have been issued against your brother, and he is suffering from serious mental illness and is admitted in a hospital, a close relative or advocate may move the trial court with his medical records seeking recall of the NBW, dropping of proclamation proceedings, exemption from personal appearance, and grant of bail. Since the offence is bailable, bail is a matter of right, and a family member may stand as surety, though the court may require formal representation through counsel or guardian. In such circumstances, the appropriate remedy is generally to seek regular bail and recall of coercive process rather than anticipatory bail, especially after proclamation proceedings have commenced.
When a civil suit is ‘admitted’ it simply means that the court has found that the plaint discloses a prima facie cause of action and has directed registration of the suit and issuance of summons. It does not amount to any adjudication on the merits. Such an order is ordinarily not interfered with by higher courts unless the plaint is barred by law, discloses no cause of action, or the court lacks jurisdiction. The defendant may challenge the maintainability by filing an application under Order VII Rule 11 CPC for rejection of the plaint if any of these grounds are made out.
If a suit has been dismissed for default twice and a fresh restoration application has been filed, restoration is still legally possible if the plaintiff establishes “sufficient cause” for repeated non-appearance. However, repeated defaults substantially reduce the chances of restoration. To oppose the application, the defendant may point out persistent negligence, lack of bona fides, unexplained delay, and abuse of process. The court will examine whether the plaintiff acted diligently and whether restoration would prejudice the defendant.
A gift deed can technically be challenged even after several decades if it is void ab initio, forged, or obtained by fraud discovered later and the challenge is within limitation after discovery of fraud, not otherwise. A challenge after 60 years faces formidable obstacles of limitation, delay, and laches, and courts are generally reluctant to disturb long-settled titles. If the opposite party has filed a suit for cancellation of your sale deed but is themselves in unauthorized possession, you should not merely defend that suit; you should also seek recovery of possession, either by filing a counterclaim in the same suit or by instituting a separate suit for declaration of title, possession, and mesne profits. A counterclaim is usually the more efficient remedy, as all issues can be adjudicated together.
1a. See my brother is medically unsound and does not know court rules . Can someone else appear on his behalf and take bail . What is the process? He does not want to appear in court physically. 2a . Can cancellation of n.b.w and process 82 crpc be cancelled by sessions court ? 3a. What is the process to get allow of construction work and restrain plaintiff from entering the property if plaintiff has filled civil suit ? In same civil suit how such orders can we get ? 4. In ancestral property does widow mother has right to enter into registered agreement alone ? Or she has to take consent from her children also ? If mother has entered into agreement alone in year 2010 how can one challenge that agreement now ? Where to challenge such agreement? Grounds ?
Since your brother is not mentally fit his lawyer can file an application requesting the court to permanently exempt him from physical appearance. Under Section 205 and Section 329 of the CrPC, the court can dispense with his physical presence, provided a reliable surety and undertaking are offered by the family
2)Your brother’s lawyer must file an application to recall the warrants. You must present a valid reason (his medical condition) and surrender him (or appear through the lawyer) to demonstrate willingness to cooperate with the court.
3)In the ongoing civil suit, your brother can file an Interlocutory Application (IA) under Order 39, Rules 1 and 2 of the CPC for a Temporary Injunction.to permit construction work to continue and to restrain plaintiff from entering the property
4)your mother does not have the absolute right to sell or enter into an agreement for the entire property alone without the consent and signatures of her major children (the co-parceners), as they all hold an undivided share by birth.
5) civil suit to cancel or declare a registered agreement null and void has a limitation period of 3 years from the date the cause of action accrued (or from when the children discovered the agreement).
Consult a local advocate for the procedure part.
You need to file such medical certificate in court and you can appear on his behalf with advocate
1. You cannot approach supreme court directly because though the the Supreme Court can issue directions under Article 32 of the Constitution, it generally discourages filing a fresh case just to speed up a High Court matter. Instead you can an "Application for Early Hearing / Expedited Disposal" directly inside the same High Court where your case is pending. Highlight your reasons (such as age, financial hardship, or length of pendency). If the High Court rejects it or ignores it despite an urgent reason, only then can you approach the Supreme Court via a Special Leave Petition (SLP) or a Writ Petition, but it is rarely necessary.
2. Yes someone can take bail on behalf of your brother as your brother is in a mental hospital and unfit to understand the legal system, he is protected under Chapter XXV of the CrPC (or the corresponding Chapter XXVII of the new Bharatiya Nagarik Suraksha Sanhita, 2023 / BNSS), which specifically deals with accused persons of unsound mind.
4. You cannot file the case in Ranchi Civil Court. Under Section 16 of the Code of Civil Procedure (CPC), suits relating to immovable property (like determination of title, partition, or recovery of possession) must be filed in the court within whose local jurisdiction the property is situated..
5. When a court "admits" a civil suit, it simply means the court has found the plaint structurally valid on the face of it and has decided to hear the matter. It does not mean you have won or that the judge agrees with your claim. It just means the court has issued notices/summons to the other party to come and present their defense.
6. If a suit is dismissed for default twice, getting it restored becomes progressively harder, but it is not impossible. Courts prefer to decide cases on merit rather than technical defaults. If the plaintiff can show a genuine, unavoidable reason (like severe medical hospitalization or fraud by their previous lawyer) with bulletproof documentary evidence, the court may restore it, usually by imposing a heavy financial penalty (costs) on the plaintiff for wasting time.
7. Anticipatory bail cannot be filed. By definition under Indian Law, Anticipatory Bail (Section 438 CrPC / Section 482 BNSS) can only be filed for non-bailable offences. Since the CJM took cognizance under a bailable offence, anticipatory bail is legally maintainable.Further, once a Section 82 CrPC proclamation is issued declaring someone a "proclaimed offender," the Supreme Court has repeatedly ruled that anticipatory bail cannot be entertained. Your remedy here is to apply for the Recall of the NBW and the Section 82 process before the same CJM court, or file a Quashing Petition in the High Court.
8. The chances to challenge a gift deed after 60 years is very low. Under the Limitation Act, 1963, the time limit to challenge or cancel a registered deed is 3 years from the date the facts entitling the plaintiff to have it cancelled first become known to them.After 60 years, the court will severely question the delay. The only rare exception where it can be entertained is if the challenger can conclusively prove that massive, institutional fraud took place, and that they discovered this fraud only within the last 3 years (under Section 17 of the Limitation Act). Even then, proving this after six decades is an incredibly uphill task.
9. If you hold a valid Sale Deed but the other party is in forcible possession without documents, instead of filing a separate suit you can file a Counter-Claim under Order 8 Rule 6A of the CPC within the very same suit that the other party filed. In your counter-claim, you can ask the court to pass a decree for the delivery of physical possession to you based on your valid Sale Deed. Alternately you can file a completely fresh civil suit for "Recovery of Possession based on Title" under Section 5 of the Specific Relief Act, 1963 against them.
1. Your brother does not need to physically step foot into the courtroom to secure bail. Because he is in a mental hospital and legally deemed of "unsound mind," he is heavily protected under Indian law (Chapter XXV of the CrPC / Chapter XXVII of the BNSS). Since your brother cannot sign a Vakalatnama (lawyer's authorization form) due to his mental state, you or a close relative must sign it on his behalf as his "Next Friend" or de-facto guardian by filing a petition along with the bail application for appointment of next friend/guardian.
Hi,
To get the NBW recalled, you need to engage an advocate who will appear before the court on behalf of your brother. Then next is to discharge your brother from the case, again everything based on submission of satisfactory medical reports.
Second, any case relating to the property, Only those courts can adjudicate and has the jurisdiction, where the property is located.
If a Civil suit is dismissed for default twice, then itself should be made the grounds in the counter. However you will receive a notice from the court if the plaintiff has filed for restoration of Suit. But I would advise you to file a caveat in that court.
Yes, you can get injunction orders provided you have strong reasons with supportive evidence.
Yes Widow mother can enter into any agreement pertaining to her share of property.
You can challenge the agreement based on the notice from the date of knowledge.
Thanks
Adv. Raj Chetan
Dear Client,
You cannot generally file a fresh Supreme Court case just to direct the High Court to decide your pending matter early; the Supreme Court intervenes on delay only in exceptional situations (often via SLP or review) when there is a clear legal or constitutional issue, not on mere delay alone, though you can file a strong application for early hearing in the High Court and, if there is gross inaction, later approach the Supreme Court with a detailed note on the excessive delay and its impact. For your brother, since he is medically and mentally unfit and does not want to appear physically, a relative or advocate can file a bail application (under CrPC 437/439) with a medical certificate and surety undertaking, and the same court can be asked to cancel or set aside the NBW and Section 82 proclamation once bail is granted, so his presence is not mandatory and someone can represent him throughout.
For the property dispute in another district of Jharkhand, you must file the civil suit in the competent court where the property is situated, not just where you live in Ranchi, because territorial jurisdiction follows the location of the land; if the suit is “admitted,” it means the court has accepted the plaint as maintainable and will proceed to trial, and while the admission order itself is not usually appealable, the final decree can be challenged in the higher court, and if a suit dismissed for default is later moved to restore, the court will decide based on the delay‑reason, merits, and fairness, which the opposite‑party can oppose by showing inordinate delay and lack of bona‑fides. In a bailable offence where NBW and Section 82 are already issued, anticipatory bail is not the proper remedy; instead, file regular bail and proclamation setting aside applications, and a 60 year old gift deed can still be challenged in a civil suit (for fraud, coercion, or title defect) if limitation and laches are satisfied, while in a suit for cancellation of a sale‑deed where the plaintiff is in forcible possession, you can ask in the same suit for your possession and restraining‑orders against their interference, and if the widow mother executed a registered agreement alone in 2010 on ancestral property, the children can challenge it by a civil suit for declaration and cancellation on grounds of no consent, misrepresentation, or violation of their statutory shares.
I hope this helps and if you have any further issues do not hesitate to contact us.
1. No, you cannot. file early hearing application in high court.
2. yes, cite his medical papers and apply for bail.
4. file case in court where property is situated.
5. It depends.
6. yes, it cause is satisfactory and justified then suit can be restored.
7. Yes but also file application for can cancellation of nbw.
8. yes, if circumstances so permit.
9. file counter claim claiming possession etc.
1a. yes, as parokar bail can be applied. no personal appearance required. cite medical papers.
2 a. yes in revision.
3a. file stay application.
4. yes, but consent of coparcener also required. sale can be challenged where property is situated.
Being advocate you must study thoroughly.
1. Firstly you can move an application for urgent hearing , and if not allowed then you can approach the Supreme Court
2. Yes, you can apply for anticipatory bail on his behalf on the ground of his medical condition and also get permanent exemption from appearing before the Court on the date of hearing.
4. The case can be filed in the same place where the property is located
5. YES, and even you can file an application under section 7 rule 11 CPC for the rejection of the suit
6. There must be valid grounds
7. Yes , However if the 82 already issued then it should be cancelled
8. No
9. If you are the real owner of that property then you can file a suit for Mandatory Injunction against him
1. Seeking direction from Supreme Court for early disposal in High Court: No, you cannot directly file a case in the Supreme Court seeking a direction to the High Court for early disposal. The proper remedy is to file a petition for early hearing before the same High Court where your case is pending. You can also file an application mentioning the pendency period. Only if the High Court refuses unreasonably can you approach the Supreme Court under Article 136, but that is exceptional.
2. Bail for mentally unfit brother & NBW/82 CrPC: Under Section 439 CrPC, a High Court or Sessions Court has special powers to grant bail. Someone else (a family member or lawyer) can file a bail application on his behalf. Given his medical condition, produce the mental hospital certificate and medical records before court. The court may exempt his personal appearance. For NBW and Section 82 CrPC (proclaimed offender), anticipatory bail under Section 438 CrPC is maintainable even after such declaration, as held by MP High Court in Balveer Singh Bundela. Approach Sessions Court first.
3. Civil suit jurisdiction - property in different district: No, you cannot file in Ranchi Civil Court if the disputed property is in another district. Section 16 of CPC read with Section 19 clearly provides that suits for immovable property must be filed in the court within whose jurisdiction the property is situated. The convenience of residence is not a ground to override territorial jurisdiction. File the suit in the district where the property is located.
4. "Civil suit admitted" meaning and challenge: Admission of a civil suit simply means the court has found a prima facie cause of action and has registered the suit; it is not a final order. An "admitted" order is purely administrative and cannot be challenged in higher courts. You can only challenge final orders or interlocutory orders like rejection of plaint under Order VII Rule 11 (which Delhi HC in Arya Orphanage held should not be done at preliminary stage for complex matters) or orders on temporary injunctions.
5. Suit dismissed twice for default - restoration chances: Dismissal under Order IX Rule 8 or Rule 3 CPC is not on merits. Courts are generally liberal in restoring suits if sufficient cause is shown. However, repeated defaults weigh against the plaintiff. To oppose restoration, plead that no sufficient cause is shown, defaults are deliberate, or that the court lacks inherent jurisdiction (if dismissal was under Order IX Rule 9, restoration application is maintainable only under Section 151 as per Orissa HC in Shyamsundar Mantri).
6. Anticipatory bail after NBW & Section 82 CrPC: Yes, anticipatory bail under Section 438 CrPC is maintainable even after issuance of NBW and proclamation under Section 82 CrPC. The MP High Court in Balveer Singh Bundela (2020) clearly held that there is no bar - personal liberty under Article 21 prevails. However, the court will examine conduct; absconding is a factor against grant. Apply to Sessions Court or High Court with medical certificates for mentally unfit brother.
7. Challenging gift deed after 60 years: Yes, a gift deed can be challenged even after 60 years on grounds of fraud, coercion, lack of valid execution, or non-delivery of possession. The limitation period under Article 59 of Limitation Act is 3 years from when the fact becomes known, but if the deed is void ab initio, there is no limitation. As held by Supreme Court in Hussain Ahmed Choudhury (2025), cancellation under Section 31 of Specific Relief Act is mandatory only if plaintiff is party to the document.
8. Taking possession when opposite party filed cancellation suit: Do not file a new suit - this would invite multiplicity of proceedings. File a counterclaim in the existing suit for recovery of possession under Order VIII Rule 6A CPC. Alternatively, file an application for interim injunction restraining defendant from alienating property and for appointment of receiver to take symbolic possession. The plaintiff in possession without title can be evicted in the same suit.
1a. Someone else appearing for mentally unsound brother: Yes, a family member can file bail application. The court must be informed of his mental condition. File an application for exemption from personal attendance under Section 205 CrPC supported by medical certificate from the mental hospital. The court may appoint a guardian ad litem to represent his interests. His lawyer can appear and take bail on his behalf without physical production if medical certificate justifies.
2a. Cancellation of NBW and Section 82 CrPC by Sessions Court: Yes, Sessions Court has power under Section 439 CrPC to cancel NBW and set aside proclamation under Section 82 CrPC. File an application before Sessions Judge with: (a) medical evidence of mental unsoundness, (b) explanation for non-appearance, (c) undertaking to appear. The court may recall NBW on terms. Proclamation under Section 82 requires separate application for revocation.
3a. Getting construction order and restraining plaintiff in same suit: File an application under Order XXXIX Rules 1 and 2 CPC seeking temporary injunction to restrain plaintiff from entering property and for permission to continue construction. Balance of convenience test applies - if construction is at advanced stage, court may permit. As held in Karnataka HC's Nagarajappa case, conditional orders can be passed. Also seek direction under Section 151 CPC for police protection.
4a. Widow mother's right to enter agreement without children's consent: For ancestral property, widow mother has limited rights. Under Hindu Succession Act, if she inherited from husband, she is absolute owner after 1956 and can alienate alone. But if property is joint family ancestral property, she cannot alienate without consent of all co-owners (children). To challenge 2010 agreement, file suit for declaration that agreement is void and not binding on children. Ground: lack of legal necessity and absence of consent from other co-owners.
