Should Defendant file Second Civil Appeal or SLP before Supreme Court?
After the Civil Suit for declaration and permanent injunction was decided in favor of the Plaintiffs by the Ld. District Judge in Rajnandgaon, Chhattisgarh, and the Regular First Appeal filed by the Defendant was decided against them by the Two Judge Bench of the Hon'ble High Court, the suit was decided in favor of the Plaintiffs in both courts. What should the Defendant now file before the Hon'ble Supreme Court: (A) Second Civil Appeal or (B) Special Leave Petition (SLP)? Additionally, is it mandatory for the Defendant to obtain a certificate from the Hon'ble High Court before filing a Second Civil Appeal or SLP before the Hon'ble Supreme Court?
Dear Client, If the High Court has dismissed the first appeal, the appropriate remedy is generally to file a Special Leave Petition (SLP) before the Supreme Court. A second appeal cannot ordinarily be filed before the Supreme Court. A certificate from the High Court is not mandatory for filing an SLP, though it may be required in certain cases involving a statutory appeal. Since there are strict limitation periods, you should consult a lawyer and take prompt steps if you wish to challenge the judgment. Hope this helps. Please feel free to reach out to us if you have any further queries or need assistance.
Sir, the defendant should file an SLP (Special Leave Petition) before the Hon'ble Supreme Court, challenging the High Court's decision. A Second Civil Appeal is not appropriate unless there is a substantial question of law. For an SLP, no certificate from the High Court is required. It is advised to consult an expert lawyer for guidance. For further legal assistance contact us on our helpline number.
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