Plaintiff filed an ejectment suit under TP act 106 on 2009. i am also one of the defendant in this case. since beginning in the case i was in ex party position and i entered into the case on 2011 by filing a set aside (re open) application.
my advocate filed an application under order 6 rule 16 of the code of civil procedure, saying to pass an order striking out the some sentence of pleadings in the plaint, because the plaintiff has mentioned about the lease deed stated to have been entered into between him and the defendants but no such lease deed has been marked as exhibit.
the session judge has dismissed the application saying that the pleadings in the nature of arguments and not on material facts and the alleged deed was not at all marked by the plaintiff and hence no prejudice would be caused to the plaintiff and if these applications are allowed.
i want to know if i file a WP in high court, then what will happen?
can i get any stay by filing WP in high court?
please suggest me.
