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Can court consider for second preliminary decree/judgement
09-Jan-2023 (In Property Law)
SIR, I am one of the defendant in a case of partition,possession in ADJ Court Tis Hazari Delhi, a preliminary degree has been passed against me for release of share of Plaintiff. I wanted to make application for revision or for 2nd preliminary degree as during trial i didnot file a will/TESTAMANTARY documents of my father in which he already devided his property equally in all his sons including plaintiff. Sir, is it possible that court at this stage hear my any application for 2nd preliminary degree/judgement.
The information provided by you is insufficient for proper evaluation of the matter. However, on the basis of the information provided by you, you can seek review of the order before the same court or go in appeal against the order before a higher court.
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Adv. Ridhi Kackar
Delhi | 25+ Answers
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You have to file a first appeal. I think that's a better option becuase in revision you have to show error apparent on the face of it, which would be tough. Whereas if you prefer an appeal you have a legal right to adduce fresh evidence under order 41 Cpc. In that case, the evidence would be lead and your suit would be decided taking into consideration the will/ testamentary document in your favor
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Adv. Abhay Pratap Singh
Delhi | 25+ Answers
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In A partition suit , the court has jurisdiction to amend the shares suitably even if the preliminary decree has been passed .
Or in other circumstances either you can go in appeal for meeting aside the decree on the ground of emerging new material facts or you can give the subsequently found will or testamentary documents as the newly emerged evidence by way of affidavit that will affect the prospects of the final decree in your favour.
Or in other circumstances either you can go in appeal for meeting aside the decree on the ground of emerging new material facts or you can give the subsequently found will or testamentary documents as the newly emerged evidence by way of affidavit that will affect the prospects of the final decree in your favour.
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Adv. Suneel Kumar
Delhi | 200+ Answers
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You need to appeal against the same in the appellate court and further seek permission to file written statement or reply along with the necessary documents. The same court may or may not review it's order/preliminary decree since the court has already decided in regard to the share of the plaintiff. So it is advisable to file an appeal against the same.
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Adv. Harshit Jain
Delhi | 100+ Answers
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Subject to further information from your end about your defence, the option is that you may choose to go in for appeal. You will have to show suficient reason for having failed to file the will during trial.
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Adv. Aditi Gupta
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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