Show cause
monjula sooresh
(Querist) 05 February 2013
This query is : Resolved
In the trial court is it a mandatory procedure that the Respondent has to be issued a show cause by the Court before a Miscellaneous case arising out of original Partition suit is admitted? If mandatory under which S / order please ?
It is a Misc petition u/s 44 of the Evidence Act showing that the earlier orders, in a Partition suit, were obtained by fraud, collusion issued without jurisdiction etc. (OS proves order conclusively determined o/p’s right to my property without any evidence (violation of S 91 Evidence A, O18 r2 , O13.r4 CPC etc.) without any adjudication -in patent violation of my right to be heard (audi alteram partem)
Thank u
R.K Nanda
(Expert) 05 February 2013
yes,it is mandatory as even an application
cannot be allowed without notice to respondent.
R.K Nanda
(Expert) 05 February 2013
yes,it is mandatory as even an application
cannot be allowed without notice to
respondent.
monjula sooresh
(Querist) 05 February 2013
Thank u very much!Cud u please tell me under which order or sec?
The LSJ has not considered it as a new / independent suit and admitted it. The OP is now preparing to go to HC. What cud the OP pray for in HC and how wud it impact my case?
Thank u
R.K Nanda
(Expert) 05 February 2013
u/s 151 of CPC which is inherent power of court.
R.K Nanda
(Expert) 05 February 2013
moreover, u r welcome.
