Reopening of reserved judgement on ground other than connected with the case

[Dr. Ashok Dhamija]

Section 21 of the Civil Procedure Code is similar to your case, though it does not directly cover your case. It is reproduced as under:

“21. Objections to jurisdiction.— (1) No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.

(2) No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.

(3) No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.”

In a similar situation, in the case of Bahrein Petroleum Co. Ltd. v. P.J. Pappu, AIR 1966 SC 634, the Supreme Court held that:

“If the defendant allows the Trial Court to proceed to judgment without raising the objection as to the place of suing and takes the chance of a verdict in his favour, he clearly waives the objection, and will not be subsequently permitted to raise it. It is even possible to say that long and continued participation by the defendant in the proceedings without any protest may, in an appropriate case, amount to a waiver of the objection.”

As I mentioned above, though your case is not covered under Section 21 of CPC, the legal principle is somewhat similar. You may try taking a similar ground that before the Single Judge of the high court, the proceedings continued for 16 long years and the opposite party never objected and even a judgment was passed in your favour. Likewise, even before the division bench of the high court, no objection was taken even till the time the judgment was reserved. Therefore, at such late stage, such objection by the opposite party should not be accepted. [Note: however, please be aware that where the competence of the court goes to the root of the jurisdiction, the court may or may not accept this argument.]     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sunder Lal Maurya]

Respected Sir,

I understood and downloaded the referred case law also and studied it. As you suggested, I shall plead for application of legal principle of 21 CPC and will also try to convince that the decision of single bench almost equal to CAT. On this basis will put forth my case. Will update you for information lateron. Ok sir. Thanking you.
Sunder Lal Maurya

[Sunder Lal Maurya]

Sir,
My litigation (in-person) on arbitrary termination of service by Central autonomous body was finalised on merit in my favour, after 17 years by Lucknow High Court. Respondents taking advantage of my lack of knowledge on law, succeeded in transferring it to CAT. High Court fixed six month time limit to CAT to decide my case. Tired on litigation, informed CAT to decide on the basis of documents received from High Court and conveyed that I have no more to state other than what is already on file, which was transferred from High Court.

My recall application on the basis of opinion is also not getting listed.

Tribunal is not ready to accept my view point on the basis of Behrain Petroleum. Tribunal states that it will go by orders of High Court. So please let me know :-

Is the tribunal is bound to follow the time limitation of 6 months conveyed by High Court in the order, to give their judgement in my case.

If the Tribunal does not finalise in six months, is there any option to me to appeal to High Court.

Thanking you,
Sunder lal

[Sunder Lal Maurya]

Sir,
Request kind opinion whether the CAT is bound by direction of High Court to decide the case in six months.

Whether any Option available to me before High Court, in case the time limit is not adhered by CAT. Wish to know since the matter, though adjudicated by High Court on merit after 17 yrs, was transferred by Division Bench High Court to CAT on opposite parties plea, and the six months period is also nearing completion.

Thank you sir
Sunder lal maurya

[Sunder Lal Maurya]

Sir,
please confirm whether CAT is bound to adhere the timeline communicated by High Court to decide service matter.

In case CAT fail to accomplish the task, how can I approach High Court i.e. whether I have to file Contempt or normal writ. Is there any supremecourt case law on this matter please.

Sunder lal

[Dr. Ashok Dhamija]

Usually, the lower courts will go by the time fixed by the higher court for disposal of the case. Why are you presuming so many things?

If the CAT is not in a position to ensure disposal within the time given in the high court order, you may approach the high court and bring it to its notice, whereupon the high court may pass appropriate orders, including the extension of time.

Usually fixation of time by higher courts are in the form of a request to the lower court and not as a strict direction, therefore, filing of a contempt petition is not desirable.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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