Isn't it true that There can be joinder of cause of action, joinder of legal provisions/sections etc in the same petition.
E.g. Plaintiff asking for matrimonial relief under 'cruelty as well as desertion' as a ground,
OR asking for prohibitary injunction under O39 as well as sec 151 etc.
If a petition looks a fitting case to file at HC, in regards to trial court Order, under ALL following provisions as :-
- Revision under 115 by HC
- Appeal lies at HC
- There is such an Instance which invite art 226 judicial review by HC
- There is such an Instance which invite art 227 power of superintendance by HC
Is it allowed to file such a kind of application?, mentioning all the above provisions, if it fits into all above provisions with appropriate material on the case?
............. Why the above query? (Query may look weird, but Decree Holder is frustrated due to following)
Decree holder's writ petition is got dismissed as :- "the writ petition is not maintainable and it is open to the petitioner to file an appeal or revision" against the assailed Order.
But in the above exercise, the decree holder has lost a lot of time (DH could file the revision as per 115, but was advised to go for writ instead 'civil revision under Art. 227')
Now, DH has already missed the 90 days deadline for revision 115 !!
Merely 'omission to include' all the above 4 cateries in the applcation is making DH to do all the things again!! So, why not mention all provisions at the outset, so that application is heard at least under one or the other provision (if Application is not maintanable as 'writ' then please hear it as 'revision application' under Sec 115 !!! )
This is frustrating. DH holder could not do anything but to watch the proceedings and difficult to question the lawyer also!!!
Now, the contents of DH's new application will be the same! Except it will say 'Revision Petition under 115' and not 'under Art 227' like before.
If above explanation given for dimissal was correct, then how the writs which mention both 226 and 227 are allowed? (It is said that Art 227 is appellate jurisdiction and art 226 is original juriisdiction)