guidance needed
tej
(Querist) 04 December 2010
This query is : Open
sir,
in the civil suit the suit is decreed in part in favor of plaintiff. respondent preferred the appeal. as the org. plaintiff is contesting the case in person and not conversant and well acquainted with procedure to file cross objections filed cross objections along with delay con donation application.cross objections filed were not in form of memorandum of appeal form. the hon. court has condoned the delay and cross objections are taken on record. mean while the org. plaintiff came to know that the cross objections are required to be filed in the form of memorendum of appeal form and necessary court fee is also required to be affixed otherwise the same will not be considered and on tecchnical grounds the cross objections may be rejected in final judgement. so the org.plaintiff filed pursis along with the same cross objections but only in memorandum of appeal form with detailed calculations of enhanced claim by way of cross objections and also affixed necessary court fee on it. the Hon. Court ordered on Pursis Other side to say if any. the pursis ,the court fee stamp and the cross objections in memorandum of appeal form are given exhibits .the appellant filed his say to the pursis with say that already one set of cross objection is on record hence other set of cross objections cannot be allowed to be filed. the argument on the pursis completed. the org.plaintiff filed written notes of arguments for argument on exhibited pursis saying that he is not conversant with the procedure to file the cross objections and now the cross objections filed in form of memorandum of appeal form are the same which are allowed by the court already and to avoid any lacuna and technical defects he has filed the same in memorandum of appeal form. the Hon. court passed the order and rejected the pursis and the grounds for filing cross objections in memorandum of appeal form saying pursis cannot be allowed
what the org. plaintiff should do now.will not taking the cross objections in memorandum of appeal form will be harmful to cross objections . how the defect if it is at all of not filing the cross objections in memorandum of appeal form without affixing necessary court fee which is now part of record could be cured.
