Appeal pending in defect only there to delay my claim what can i do

748 votes

Sir ....
No it can not be dismissed , without hearing the case how can it be dismissedsince its in defective stage let it be its not yet been admitted so as per the civil court you can move for the succession .....
for any help do let me know
with regards

Advocate Uttam Tibrewal LawRato

949 votes

Cases cannot be dismissed directly from the defect section however yo move before the lower court for execution of the judgment and decree which is in your favour since the case is defective so there is no stay operating

Advocate Jorong Sanga LawRato

618 votes

Sir,
I want to inform you High Court Rules, it is clearly stipulated therein that once the case has been filed in the form of appeal before the Jharkhand High Court, Ranchi then if any defects appears on the face of appeal petition then it should be removed within one to two weeks otherwise the defect petition moved before the bench of Joint Registrar -1 ( Lozama) and the concerning party still does not remove the defects then it moves to Registrar bench ( Lozama ) and the party will not appear on the date fixed before the Registrar, automatically it will be dismissed for default.
As per your query I would like to inform you that Succession certificate is a Judgement -in-rem and no one can challenge the Succession certificate . You can utilize the Succession certificate until and unless status que order has been by the Hon'ble High Court.
Final opinion with reference to your querythat we can dismiss the case on the prior stage of admission and for that we should have to mention the case before the Appropriate Bench for urgency and placed the law and facts for non - maintainability of Succession Appeal....

Advocate Anil Kumar Singh LawRato