Lower court oder in error

This query is : Resolved 
 


Querist : Anonymous (Querist)
10 October 2018

In a civil case in lower court for declaring a registered deed as null and void under un due influence, issues framed
but defendant filed IA under O7r11b stating in correct court fee. but lower court judge said under sec 34 of specific relief act any suit with out consequential relief claimed a bare declaration is not allowed, plaintiff not taken effort to rectify the error, so plaint rejected.
Is this an Jurisdictional error and valid reason for civil revision petition in HC ?
should plaintiff must have gone for Appeal and not civil revision, when appeal is possible in such cases can civil revision can be rejected saying plaintiff must have gone for Appeal only ?
Thanks


Isaac Gabriel (Expert)
11 October 2018

The query is from anonymous author.Whether you are plaintiff or respondent? What is the case? Post the query with your identity.

Dr J C Vashista (Expert)
11 October 2018

Anonymous author is not obliged by experts as per rules of this platform.
Consult a local senior lawyer, if you are counsel in the instant suit.
However, if you are located in Delhi and feel may contact me (on appointment between 2.30 pm to 8.30 pm) at:
Ch. No 647, Dwarka Courts Complex, New Delhi Cell # 9891152939



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