whose remedy availabe against the inter locatery Order
Haider Adv.
(Querist) 04 January 2010
This query is : Resolved
dear seniors,
i appered in a civil suit for the defendant. In this case Plaintiff field an application without any soported affidavit which is necessary for filling Application in civil Procedure so i field an objection against the Apllication on above Mentioned Ground, but court decided the Application in favor of the Applicant, so i want to Know whose remedy availabe against in this Inter locatery Order
Revison / Appeal / Writ
Devajyoti Barman
(Expert) 04 January 2010
In the first place its wrong to state that every application before the civil court is to be supported by affidavit as affidavit only prima facie sates that the statements mentioned in the application is true.
In your case the proper remedy to challenge the interlocutory order is to file Revision unless Miscellaneous Appeal lies u/o 43 of CPC against the order impugned.
Raj Kumar Makkad
(Expert) 04 January 2010
You should file revision against such order before HC but also keep in fact the true version of procedure narrated by barman.
niranjan
(Expert) 04 January 2010
I would like to invite attention of my learnd friends to amendment of l999 by which proviso is inserted to sec.ll5(l).
adv. rajeev ( rajoo )
(Expert) 05 January 2010
Every IA should be accompanied with an affidavit, but some times court accepts wihtout the affidavit only on the memo of facts filed by the advocate. It depends on the judge.
If the order is on u/o 39 r 1 then you will have to file a miscelleneous appeal, if not on u/o 39 r 1 then file file a writ.
