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Querist : Anonymous (Querist) 22 May 2011 This query is : Resolved
Respected sir

My only query is that if some decisison is pending in the session court can a lawyer of Respondent apeal that their is absence of cause of action so that case filled by the wife may be dismissed?

thanks in advance

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M/s. Y-not legal services (Expert) 22 May 2011
First post your case clearly sir.. And one more thing if the case is pending mean you can't file any appeal. . If its disposed in trial court mean then you can appeal.. In civil suit, there is option to file petition for rejection of plaint under order 7, rule 11. You may stated the reason as no cause of action. But in criminal case no any option like this. You have to prove it by your defence. Thats it..

M/s. Y-not legal services (Expert) 22 May 2011
In another source is, if you have merits mean you can file a quash petition before your high court.

Devajyoti Barman (Expert) 22 May 2011
The query is not understood.

Guest (Expert) 22 May 2011
SOME ESSENTIAL DETAILS ARE NOT POSTED IN YOUR QUERY. DISCLOSE FACTS

RAJNESH RAMESH LOMTE GULBARGA KARNATAKA (Expert) 22 May 2011
if a appeal is pending before the sessions court and case is poted for arguments for query that is decision is peding before sessions court the respondent advocate can argue's no cause action is occured in wifes case then the session court can dismiss the appeal but this pleading of cuase of action should taken in lower court pleadings if not the respondent cannot take this plea for the first time before the sesssion court for the dismissal of wifes case.

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