Is it allowed to challenge multiple orders in one writ?
Sakshi Sakshi
(Querist) 25 December 2012
This query is : Resolved
Q. no.1 :- Is it allowed to challenge/impugn multiple orders (the non appealable ones) in one/single writ petition 226/227?
All are applications (orders below which are to be assailed) connected to each other as below and all orders deserve to be assailed.
Interim maint application-ordered, review application vide order 47 R1-dismissed, recall of order vide sec 151 of CPC-dismissed, 'stay plea' i.e stay of operation/execution of int maint order-dismissed by family court.
Note: I have verified the details and now I am sure that against all order only writ lies and no appeal/revision lies except the 'stay plea'.
About 'stay plea' , I am not sure whether the appeal lies or not. if it does then I can file writ.
order on app u/s 151 of cpc is also non-appealable like review application.
Q. no.2 :- In the above context does writ lie against dismissal of 'plea of stay' as well?
'plea of stay' i.e stay of operation/execution of int maint order-dismissed by family court was filed before family court under O21 rule 26 and rule 29. It should have been filed under Order39 I believe.
But anyways, it have been dismissed.
My understanding is that instead of filing for appeal against dismisal of 'plea of stay', if writ petition is filed againsr order of interim maint, then along with the same again the 'plea of stay' should also lie(and it would suffer res-judicata) as stay is asked owing to pendency of writ petition.
Q. no.3 :- In a few writ judgments I see lower court as respondent no.1 and opposite party being respondent no.2 and in afew judgemnts I see only opposite party as the respondent. why and in what situation it requires the lower court to be made as aparty to writ litigation under Art 226/227?
Is that there is allegation violation Fundamental rights as well in addition to legal rights and that's why lower court (as it in defintion of 'state' in Art. 12) to be joined as party to suit?
Q. no.4 :- What would be the implication if prayer also asks the High court to treat the writ as a PIL? would it prolong the litigation (there are blatant abuses of discretion committed by lower court of such character that it may give rise to doubt whether many other litigants were also subjected to such /similar harrssement there)
Please advise
Thanks
Law student
R.K Nanda
(Expert) 25 December 2012
academic query.
Guest
(Expert) 25 December 2012
Nothing more to add to what Mr.Nanda has said.
Sakshi Sakshi
(Querist) 25 December 2012
Mr Ashish we have interacted on discussion forum.
Please do not assign 'resolve' status to this query.
The querist is also a 1st year law student and only doing the 'verification' part of info that 'some mumbai based lawyers have given when the actual litigant in he context was interacting withose lawyers practicing in bom hc'.
It is up to you ............ whether you want to drive me away or create interest so that I would encouraged to talk to you in lieeu of the case.
the lawyers should not be apprehensive of losing their 'work opportunity', and conservative in answering to questions and giving legal aid.
The way they answer question actually generate interests of queries and most often it triggers/results into client-attorney relationship.
Such aggressive stance would drive the potential clients away due to fear and reluctance.
You are absolutely right, drafting is an experts job. but that expert should sound approachable and person should not feel dominated nor master-of-his-attorney.
litigant better knows it as well.
Kindly reply to above 4 questions, if anybody can.
Thanks
Sakshi Sakshi
(Querist) 25 December 2012
I do know that if the litigant challenges the interim maint order alone in writ, then it would suffice.
And challenging orders below the review petition or recall application (which were an attempt against hat interim maint order) is really not necessary.
But litigant wants to confirm it.
But the reply given by lawyer to him is that :-
"all three mandatorily required to be challenged" ........and ....... "three separate writ would only do" .......and triple the amount of .....
Sakshi Sakshi
(Querist) 02 January 2013
Is it allowed to challenge/impugn multiple orders (the non appealable ones) in one/single writ petition 226/227?
