panchnama application

Querist : Anonymous (Querist) 14 February 2010 This query is : Resolved
hello all learned experts
i am plaintiff and lodged the suit for the viloaltion of the easmentary rights suit against the defendant meanwhile the application of the panchnama granted and meanwhile i gave application for the panchnama of the property of the defendant the said application was rejected by the lower court now i would like to proceed on wheter letter pattern will lie or revision in the high court pls inform

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Parveen Kr. Aggarwal (Expert) 14 February 2010

If the Order of the trial court amounts to a decree then it would be appealable and appeal will have to be filed before the Appellate Court. If the court passing decree is of Civil Judge then appeal would lie before the District Judge and if the order is passed by the District Judge, the appeal would lie before the High Court.

If the order does not amount to decree then a Revision will have to be filed before the High Court either under section 115 of CPC or under Article 227 of the Constitution of India

adv. rajeev ( rajoo ) (Expert) 14 February 2010
revision in the High Court lies against the order of the lower court

Raj Kumar Makkad (Expert) 14 February 2010
Revision in High Court.

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