During arguments you should plead that you are not seeking reinstatement but only recovery of arrears due and payable
Section 14, 34 & 41 of the Specific Relief Act 1963
My manager friend was forced to resign by the company which was Private Limited after 23 years of service. My friend opted for legal remedy. The company as a defendant submitted the following para " That is well settled law that the Civil Court has no jurisdiction to pass an order which would have the effect on specific performance of a contract of personnel in private employment. The suit of the plaintiff is challenging terminating his service and seeking continuation of his service is not legally maintainable and is also barred by the principal of estoppels and provisions of section 14, 34 & 41 of the Specific Relief Act 1963" The question is - What should my friend do to advocate against these sections -What is the remedy in this scenario - Can we abandon a part of claim under order 23 CPC which is for reinstatement and then proceed with arrears under civil court, does that make the suit maintainable? This is an old case where in My friend approached Assistant Labour Commissioner (ALC), which forwarded the case to Industrial Tribunal. The legal advice given over there is that it is a civil suit and hence dealt over there. So this suit was filed in 2017 (after deliberation of 2 years at ALC & Industrial Tribunal) and since continuing over as Civil Suit. The defendant party pitched that this should be transferred to Industrial Tribunal but the presiding Judge overruled that (we have the order with us) and since then it is continuing over here. My Question - What the remedy for my friend at this juncture considering plaintiff and defendant evidence are complete and case is at Final Argument Stage.
Asked 1 year ago in Civil Law
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15 Answers
If you demand the relief, of recovery lone, then you my have to withdraw the suit with the permission of court to file a fresh suit claiming tht particular relief.
As the case is pending for final argument, you have to wait for the judgement to be pronounced in order to decide on further course of action
Citing As per Order 23, Rule 1 (1) of the CPC, a plaintiff may abandon his suit or abandon a part of his claim at any time after the institution of a suit. 1 As soon as an application is filed under this sub-rule, the withdrawal of the suit is complete and such withdrawal is not dependent on the court's order. 2 The court's permission is only required in case the plaintiff desires to institute a fresh suit for the same cause of action. Do we have liberty to file an application and give up reinstatement claim and proceed with arrears? or we have to withdraw the entire suit?At what time this can be done? The stage is defendant evidence right now.
Asked 1 year ago
1) Your original query was What the remedy for my friend
nd at this juncture considering plaintiff and defendant
evidence are complete and case is at Final Argument
Stage.
2) you have now stated that case is at defendant
evidence stage
3)if stage is at final argument stage you can submit written arguments that you are not seeking reinstatement
But only recovery of arrears
Better amend the petition.
You can withdraw that claim with liberty to file afresh from court
If you want to withdraw with liberty to file a fresh suit either with the same cause of action or different cause of action you are free to file the withdrawal memo.
You can do this without submitting your final argument.
Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court.
Dear Client,
To seek the relief of a recovery loan, you may need to withdraw the current lawsuit with the court's permission, allowing you to file a fresh suit specifically claiming that particular relief.
Since the case is currently pending final arguments, it is advisable to await the judgment before deciding on the next course of action. If you wish to withdraw the suit with the liberty to file a fresh suit, either with the same cause of action or a different one, you are permitted to do so by submitting a withdrawal memo.
It is not necessary to present your final arguments before making this withdrawal request.
Remember that every suit must encompass the entirety of the claim the plaintiff is entitled to make concerning the cause of action. However, if needed, the plaintiff has the option to relinquish a portion of their claim to ensure the suit falls within the jurisdiction of a specific court.
My friend's Suit for Declaration and Consequential Relief of Mandatory Injunction was dismissed by Additional Civil Judge (Senior Division) citing Plaintiff failed miserably to prove his case of forced resignation. The submittal of pre and post email communication from the resignation date by the Plaintiff was not given due consideration by the honorable court though these were presented during defendant cross-examination. During the course of proceedings, Plaintiff opted abandoning a part of claim (re-instatement). My queries - What are the options available with my friend now considering the court jurisdiction is in Town and part of District - If escalation is possible, under what clauses and to District Court or High Court - During escalation, can my friend present few more evidence to support his claim Please suggest.
Asked 1 year ago
If the case is still going on and yet to be disposed, then wait for the disposal details.
If the judgment is against you on any count and you are aggrieved by the decision, you may prefer an appeal before the appellate court venting out your grievances in the memorandum of appeal.
You have to file appeal against impugned order before district court or HC having jurisdiction
2)your friend cannot lead fresh evidence in appeal
You need to file appeal in HC court for challenging the same
In context to previous query, as the judgement of dismissal came from Town court. - Where to put appeal District Court or High Court as both are within jurisdiction. - Additional support documents to evidence submitted earlier shall be helping during arguments or need to stick to evidence submitted previously. Please suggest.
Asked 1 year ago
You cannot submit additional documents during appeal only the documents submitted in trial court can be relied upon
as far as jurisdiction is concerned your local lawyer can guide you as to where appeal is to be filed
If the case was disposed by a court subordinate to the district court, then the appeal against the judgement will lie before the District court.
No additional documents will be entertained by the appellate court in the appeal.
High. Court
- He should file a separate suit for the revolver of arrears, and the court will proceed under section 23 for the order of the reinstatement in the said filed suit.
- A suit for reinstatement Is not at maintainable in a Civil Court
- Your friend can approach the higher court against that order , however he cannot produce any fresh evidence before that appellate court.
Dear Client,
To seek the relief of a recovery loan, you may need to withdraw the current lawsuit with the court's permission, allowing you to file a fresh suit specifically claiming that particular relief.
Since the case is currently pending final arguments, it is advisable to await the judgment before deciding on the next course of action. If you wish to withdraw the suit with the liberty to file a fresh suit, either with the same cause of action or a different one, you are permitted to do so by submitting a withdrawal memo.
It is not necessary to present your final arguments before making this withdrawal request.
Remember that every suit must encompass the entirety of the claim the plaintiff is entitled to make concerning the cause of action. However, if needed, the plaintiff has the option to relinquish a portion of their claim to ensure the suit falls within the jurisdiction of a specific court.