if an i.a to reject plaint in civil suit gets dismissed
RAMJI
(Querist) 04 March 2013
This query is : Resolved
In a civil suit, one of the defendant has filed an I.A praying for REJECTION OF PLAINT. Now, plaintiff has filed COUNTER against the I.A, proceedings are on.....
It is most likely that I.A will be dismissed in next hearing as enquiries reflect now....so, defendant may get aggrieved....
Questions are
1. Can the defendant file an APPEAL against the dismissal of his I.A?...
2. If so, should he file in SAME COURT OR HIGH COURT?
3. On dismissal of I.A and irrespective of appeal of its appeal, will the court proceed with ORIGINAL SUIT?
4. On the same grounds of present IA filed by one of the defendant.... can the other defendants too file another IA for rejection of plaint? (just for delaying the suit..?)
5. other views pls
REgards
Ramji
Devajyoti Barman
(Expert) 04 March 2013
No appeal lies against the order rejecting the prayer for rejection of plaint. Only Revision lies before the higher court.
RAMJI
(Querist) 04 March 2013
Advocate devajyoti madam
thanks for quickest clear straight reply..
regards
ramji
prabhakar singh
(Expert) 04 March 2013
Okay! But WHAT CAUSES you to think HE is madam??????
RAMJI
(Querist) 04 March 2013
Singh sir... sorry i mistook by first name.. good that u clarified ...thanks
Raj Kumar Makkad
(Expert) 04 March 2013
Revision by way of a writ petition lies before high court only against such order and court need not stay further proceeding and if any other defendant moves similar application, its fate shall also be of the earlier application.
RAMJI
(Querist) 04 March 2013
Dear Rajkumar sir...
I was just waiting for REPLY for my query
number 4 ...... coincidentally i received your reply which really helps me to be readiness for the next hearing.
I wish to congratulate this FORUM THAT I HAVE GOT ALL MY QUERIES RESOLVED SO FAR SINCE 6 MONTHS OR SO..... replies are FAST and qualitative to the point....
Special regards to all panelists and experts/members.....
Thanks
ramji
