Jurisdiction for appeal against cjsd judgement

@Querist,

If I correctly understand your question, the answer to your question is as follows-

1.The territorial jurisdiction of Civil Judge of Senior division(CJSD) will be whole of the district.

2.The pecuninary or economical jursdiction is guided by state rules.

3.First appeal is transferred to by the DJ.

4.High court as the name suggests is the higher appellete court for all kind of cases running in subordinate courts.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

the decree & judgement is passed under hindu marriage act.

its Void Marriage Declaration u/s 11 r/s sec. 5 (i)

@Querist,

Please elaborate on your second reply in this thread.It's not clear to me if you are asking a question or just furnishing me some information.

Thanks,

Regards,

1. i filed sec. 11 in CJSD court.

2. my application allowed

3. judgement delivered.

4. resp-wife is NOT my legally wedded wife as per this judgement.

5. she will go to appeal.

6. i want to file Cavet.

7. where should i file Cavet ? in District court / HC / Both ?? i want to know the jurisdiction where appeal would be filed by her.

@Querist,

Reply to your question number 7-

File a caveal in the high court but only after your wife has submitted her application of appeal.

The general rule of appeal is it's always filed in the next higher court against the order/decree in the court sub-ordinate to the higher court.

In a criminal case, the appeal can be made in court of session. But in civil cases it's always made under the jurisdiction of high court where CJSD has passed an order.

Many more difference between the functioning and hierarchy of Civil courts and functioning and hierarchy of Criminal court. I advise you to read carefully these differences.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

But in civil cases it's always made under the jurisdiction of high court where CJSD has passed an order.

advocates in my town say that :

in Maharashtra,

for some districts, CJSD judgement is appealed against ONLY at High Court

but in our district,  District court also entertains the appeal ..

so i m confused ...

experts,  kindly enlighten. 

File a caveal in the high court but only after your wife has submitted her application of appeal.

Good suggestion

i will keep an eye on day-to-day filing at HC and my District court too.

@Querist,

Since you asked about the situation where CJSD(Civil judge senior division) has passed order.If  the order had been passed by the lower court subordinate to CSJD court, you could have appealed in CSJD court. But being a highest court in civil matter in a district, you must move now to the next higher court,and in this case in High court.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

[Last Reply to this thread]

But being a highest court in civil matter in a district, you must move now to the next higher court,and in this case in High court.

yeah !

that resolves my query.

File a caveal in the high court but only after your wife has submitted her application of appeal.

i dis agree with the above words 

when a judgement is passed by a court the order on whose favour came can file to the higher court immediately before the next immediate court without waiting for the opposite party to file because if the order is in favour of petitioner and he enjoys the benefit but respondent file in higher court and gets stay immediately and so without waiting for the respondent to file we can file caveat in high court and caveat will stand for 90 days

if high court passes an exparte order even after filing caveat  then we can challenge it 

for your reference 

148A. Right to lodge a caveat.

¹[148A. Right to lodge a caveat.

(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator's expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.]

yeah !

prevention is always better than cure !!