Writ under 226 inspite of appeal or Revision.
N.K.Assumi
(Querist) 28 May 2008
This query is : Resolved
My client stays in the District A about 250 miles from my district B and the Civil case was filed in District C about 120 Km from my district B. The Court in district C gave the judgment and the copy was obtained by me in September 2007.By October 2007 the Court was on holiday and i could not meet my Client for many months as he was mostly out of State on official duty and period of appeal was over by the time I could meet him, which was only a week back.Can I file writ petition under Article 226?
Prakash Yedhula
(Expert) 28 May 2008
You cannot file a writ petition. Instead you need to file an appeal along with an application for condonation of delay citing the reasons for the dealy in filing the appeal.
amit gupta_lawyer
(Expert) 28 May 2008
see you cannot take a benifit which u are not entitled for the only remedy in ur case is to file a appeal along with condonation of delay as rightly told u by Mr. parkash and can explain/convince the court for delay in filling of appeal.
david vijaykumar
(Expert) 29 May 2008
If you successfully convince the reasons for delay in preferring appeal by filing condonation of delay application, nothing more than that. The writ jurisdiction of High Court, from the stated facts cannot be invoked. Try your luck only with the appellate court.
anantha krishna n.v. Advocate
(Expert) 04 July 2008
to file a writ petition, the respondent mush be necessarily a 'State' as defined by Article 12 of the Constitution. Where is the question of writ against private parties.
As rightly advised, please file a petition under Sec.5 of the Limitation Act for condonation of delay in filing the appeal.
Do not try to put blame on the lower court as the appellate court may be biased and dismiss the same.
anantha krishna n.v. (Advocate, Hyderabad, 9246531895)
