Querist :
Anonymous
(Querist) 31 October 2011
This query is : Resolved
A obtain Ex Parte decree against B. B set aside that decree by filing a Misc Appl in the same court. A again filed another Misc Appl in the same court which was dismissed without obtaining any say from B. Now A has filed Civil Revision Petition in the High Court praying to stay both consequential orders of which 1st order is 2 years old. Is this Revision Petition maintainable ? What will be the defense for B to oppose the said petition ? Please guide . Thanks in advance & waiting for proper advise.
prabhakar singh
(Expert) 31 October 2011
IF IT IS REVISION IT IS TIME BARRED BUT IF A WRIT ALL DEPENDS ON DISCRETION OF COURT,HOWEVER DELAY CONDONATION WOULD BE REQUIRED IN EACH OF THE CASES ,I THINK.
M.Sheik Mohammed Ali
(Expert) 31 October 2011
yes, i do agreed expert query reply.
Sailesh Kumar Shah
(Expert) 01 November 2011
I agree with opinion of Shri Prabhakar Singh.
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