Querist :
Anonymous
(Querist) 28 August 2011
This query is : Resolved
I have failed to file Leave to defend in an eviction petition. Lower court passed an order against me and execution is also done. My revision petition for leave to defend is also dismissed by High Court.
I filed an application under sec 144 cpc in the lower court after execution. Same has been accepted by the court. I have strong grouds for restoration
Can dismissed rev petition be used against my application under sec 144.
Advocate Rajkumarlaxman
(Expert) 29 August 2011
not only can but will always be used against you. you move further and if possible then file a Writ Petition for the same if grounds are there for restoration.
prabhakar singh
(Expert) 29 August 2011
An order of High Court against you shall always be a bar before you in subordinate courts unless High Court itself modifies it in your favor either by review or in the proceeding of section 144 C.P.C. coming before it.
girish shringi
(Expert) 07 September 2011
I will go with Mr. Singh.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup