Show cause
monjula sooresh
(Querist) 20 January 2013
This query is : Resolved
I would be grateful for advice on the following matter :
I had filed a petition to review 2 orders under S 44 Evidence Act in a Misc. suit – ie impugned Orders obtained by fraud, collusion and issued by a Court without jurisdiction.
Court admitted said Misc. suit on dec. 5 an directed me to serve copies of my petition to the Respondent.
The said Respondent has filed response on Jan 19 claiming “ Opposite Party begs to file the following showcause to the petition filed”… by me .
This cannot be correct??? – only court can issue showcause notice ?? Kindly advise
The word "show cause" in Law Lexicon has been described as under :
"Show cause" Where the Court calls on a party to "show cause", that by necessary implication would allow the other side to answer (per Brett,L.J., Davis v. Spence 1 C.P.D. 721).
Thank u
ajay sethi
(Expert) 20 January 2013
the response is affidavit in reply of the Respondents . wrongly mentioned as show cause .
prabhakar singh
(Expert) 20 January 2013
You are rightly understanding the meaning of term "show cause" but rebelling more than desired
for the wrongful use of the term.Cause shown against your petition by opposite party shall be entertained despite the mistake you are trying to point out.
Raj Kumar Makkad
(Expert) 20 January 2013
The respondent might have filed his reply to which you are terming as a show cause notice.
