Cpc o:21 r:97
sujay
(Querist) 07 March 2014
This query is : Resolved
In a suit an third party has filed application under CPC O:21 R:97, now after some years same party want to issue 'not press at this stage' then court has ordered to show the provision to do so, but they failed to do so, then court has order that issue to be redundant. Now
Quest. 1: Is there any provision to 'not press the 21/97 application at this stage' ?
Quest. 2: If the party do so and after a while they want to re open that application (which was considered a suit). Is it possible?
pls help
Devajyoti Barman
(Expert) 07 March 2014
1. It is the discretion of the petitioner not to press any application. Court is asks for provision then ask it to invoke section 151 cpc.
2.No unless the court grants him liberty. Provision of order 23 rule 1 does not apply to applications, it applies to suit only even in appellate stage.
Rajendra K Goyal
(Expert) 07 March 2014
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 07 March 2014
An application moved by the applicant under Order XXI Rule 97 resisting delivery of possession to decree holder or purchaser has been adjudicated, where is the necessity of not pressing the same. If it has been already disposed what is the need for not pressing it.
