Maintainability of application before pronouncing of judgement
Narendra Malik
(Querist) 03 September 2012
This query is : Resolved
Dear members,
kindly give me citation on the point that "application is not maintainable if final hearing of the case is over and date of judgement is pronounced".
both parties argued the rent appeal date of judgement is pronounced now before the date of judgement Appellant has filed an application to defer the judgement...and came up with new defense which was not pleaded before! What to do ?
adv. rajeev ( rajoo )
(Expert) 03 September 2012
He can file an application but it is the discretionary powers of the court to accept it or reject it.
venkatesh Rao
(Expert) 03 September 2012
Filing of application at ANY STAGE OF PROCEEDINGS is inherent and legal right of a party; but it is for the court reject it recording the reasons for so doing.
Narendra Malik
(Querist) 03 September 2012
Dear members thanks but I need citation which should speak that such application is not maintainable at this stage please try before 5th of sep. 2012 so that I can argue on application.
Regards
Narendra Malik. Advocate.
R.K Nanda
(Expert) 03 September 2012
Defend said application strongly.
shivam......
(Expert) 04 September 2012
Agree with Mr Roa..that Filing of application at ANY STAGE OF PROCEEDINGS is inherent and legal right of a party; but it is for the court to reject it recording the reasons for so. Rejection or acceptance of such application may vary case to case basis subject to facts and circumstances of each case... But that legal right is not denied in absolute
venkatesh Rao
(Expert) 04 September 2012
Endorsing the view of Sri Nanda sir, I woluld like to add that well drafted is half won; put the factual aspect properly in the affidavit. Such applications are fact based and citations may be of added help.
