Appeal to restore right to defence
pawan kumar
(Querist) 13 March 2012
This query is : Resolved
in how many days defendent can file appaeal in sesssion court ag .orders of lower court to restore his right of defence which was struck of by lower court as he did not file w/s nor appeared
ajay sethi
(Expert) 13 March 2012
when was order passed? have you made applicatio for certified copy of order?
file an appeal preferbaly within 30 days of passing of order .
Deepak Nair
(Expert) 13 March 2012
Within 30 days from the receipt of certified copy of order.
The difference of days between the date of order and the date of application for certified copy too will be considered in that 30 days.
barun deka
(Expert) 13 March 2012
i beg to differ....
it is not an appellable order.
File a petition under order 9 rule 7 of the cpc on the next date fixed...
OR
File a revision under Article 227 of the Constitution before the High Court
V R SHROFF
(Expert) 14 March 2012
Sessions court observe Cr. p c , & not cpc
Deepak Nair
(Expert) 14 March 2012
Rightly pointed out by shroff sir.
barun deka
(Expert) 21 March 2012
a common misnomer to call the court of district judge as the sessions court. Given the fact he says defendant and written statement. No appeal triable by a court of sessions concerns matters where involving defendants and written statements
