petition/application

nilmon daolagupu (Querist) 11 February 2011 This query is : Resolved
what is the difference between petition and an application before a civil court?

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G. ARAVINTHAN (Expert) 11 February 2011
if a petition is accompanied by affidavit, then it is to be treated as application. Terminology is slightly different

Advocate. Arunagiri (Expert) 12 February 2011
Petition is seeking a relief against some body. Application is seeking permission to follow some court procedure.

M V Gupta (Expert) 12 February 2011
I agree with Mr. Arunagiri.

J K Agrawal (Expert) 13 February 2011
Thanks arunagiri
after 22 years practice I was not knowing this.

Guest (Expert) 13 February 2011
Generally, in Criminal Courts we make Misc. Petitions (M.P.), whereas in Civil Courts, we make Applications called Interlocutory Application (I.A.) in Suits, etc., but both are synonymous to each other and the object is same in both i.e., the end portion will contain our prayer/relief sought in the concerned Court, whether it is accompanied by an Affidavit or not. In some of the civil matters such as Rent Control cases also, we call petitions (M.P.) file them accompanied by affidavits in the main R.C.O.Ps.

nilmon daolagupu (Querist) 17 February 2011
thank you Mr Arunagiri.

Advocate Anuj Anand (Expert) 19 February 2011
I agree with Arunagiri Sir. and in simple words Arunagiri Sir can we petition is the main relief we are seeking for an in between if seek certain small relifs like additional evidence, or stay etc are applications

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