GANGAM.RAJENDER.
(Querist) 23 February 2015
This query is : Resolved
respected sir,
we are filed IA "NOT TO ALIENATE" in the O.S BUT it is dismissed in the Hon'ble District court . PRESENT WE WANT TO CHALLENGE THE ORDER IN THE HIGH COURT. Q1. WEATHER IT IS POSSIBLE TO CHALLENGE THE ORDER UNDER ART 226? AND WHAT IS THE LIMITATION TO CHALLENGE THE ORDER BEFORE THE HIGH COURT. OR CAN WE FILE CIVIL MISCELLANEOUS APPEAL(CMA) IN 90 DAYS? THANK YOU SIR
GANGAM.RAJENDER.
(Querist) 25 February 2015
weather we file under article 226 or 227?.
pls give me suggestion sir.
T. Kalaiselvan, Advocate
(Expert) 25 February 2015
If the IA was dismissed you can file a revision against it before the high court, why do you want to go for writ petition unnecessarily? Consult your lawyer and proceed as per his advise.
GANGAM.RAJENDER.
(Querist) 26 February 2015
thank you sir, T.Kalaiselvan sir. To file a revision petition the limitation period would be 30 days herein this case the limitation is completed (i.e 80 days completed). Q1.At this stage can we go for appeal under order 43 rule 1 of cpc sir. pls give me suggestion sir.
T. Kalaiselvan, Advocate
(Expert) 26 February 2015
An appeal with delay condone petition may be preferred, consult your lawyer and take his advise on further issues.
Guest
(Expert) 26 February 2015
Any action can be challenged, if considered unconstitutional or illegal.
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