Legal Question in Civil Litigation in India

Sir

In civil suit 2 issues were framed. One on fact and other on jurisdiction of the court. Now issue number 1 i.e. fact is answered as negative and jurisdiction issue is answered as affirmative

Thus my suit is dismissed on the issue of �fact� only. Now I have challenged the judgment before the appeal court in which my MOA states only the mistake committed by the lower court in deciding the issue number 1 only.

The defendant has even after 2 months not filed cross objection and the matter is in final hearing satge.

Questions

1)Now can defendant raise issue of jurisdiction in final argument as they have not filed cross objection ?

2)Defendant has no reason to be aggrieved by judgment of the trial court as the suit is dismissed and so what is the scope of argument for the defendant in this appeal ?

3)Can defendant raise any new issue even on fact which was not contented in the original suit ?

THANKS


Asked on 3/23/14, 5:20 pm

3 Answers from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

your appeal will be decided on the basis of the grounds taken by you. The respondent may argue the appeal on the impugned judgement.

Read more
Answered on 3/23/14, 8:05 pm
Fca Prashant Chavan Expert Edge LLP

24.03.2014

Dear Sir / Madam,

1) Yes, the defendant can raise an issue of jurisdiction in his final argument, despite not having preliminarily filed his cross objection.

2) It is left to the defendant to decide how he / she chooses to handle the matter.

3) Yes, the defendant can add facts which were not contented in the original suit.

Regards,

Read more
Answered on 3/23/14, 9:09 pm
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir / Madam, Before filing you're suit that you've to check the locus standi, or otherwise the Court of Justice shall tell the respective jurisdiction, okay, & rest of the questions you've paused is of hypothetical in nature. Thank You, Kind Regards. Sanjay. K. Dixit, Advocate.

Read more
Answered on 4/09/14, 5:14 am


Related Questions & Answers

More General Civil Litigation questions and answers in India