Need info revision petition
Venkata Krish
(Querist) 02 May 2015
This query is : Resolved
Dear Sir/Madam,
My case is pending in district consumer forum against a builder. The builder counsel has submitted an IA questiong the jurisdiction of the district forum. I have submitted a counter and made all valid oral arguments in the hearing but did not those points in the counter filed. By mistake the district forum judge has mentioned in the order that we have submitted detailed counter instead of saying that we have mentioned in the oral arguments. Now the opposite party counsel submitted a revision petition saying that we have not added the reasons in the counter and court has come to a conclusion on its own. Hence impunged order to be set aside. Can i submit a detailed counter to the revision petition in the state forum with all the points that we have mentioned in the oral arguments and attach the proofs required. Do i need to submit the counter before the date of listing or can i submit it on the date of listing of the revision petition. Is there is any time limit for submitting the counter.
Thank you.
Venkata Krish
(Querist) 02 May 2015
Dear Sir/Madam resubmitting with small corrections
My case is pending in district consumer forum against a builder. The builder counsel has submitted an IA questiong the jurisdiction of the district forum. I have submitted a counter and made all valid oral arguments in the hearing but did not add those points in the counter filed. The IA is dismissed and by mistake the district forum judge has mentioned in the order that we have submitted detailed counter instead of saying that we have mentioned in the oral arguments. Now the opposite party counsel submitted a revision petition saying that we have not added the reasons in the counter and court has come to a conclusion on its own. Hence impunged order to be set aside. Can i submit a detailed counter to the revision petition in the state forum with all the points that we have mentioned in the oral arguments and attach the proofs required? Do i need to submit the counter before the date of listing or can i submit it on the date of listing of the revision petition? Is there is any time limit for submitting the counter?
Thank you.
Venkata Krish
(Querist) 02 May 2015
Made changes and resubmitted above
Devajyoti Barman
(Expert) 02 May 2015
There is no merit in the revisison. The court even suo motu decide its territorial aspcet and there is no need for written counter.
Venkata Krish
(Querist) 02 May 2015
Thank you Sir/Madam. Do i need to submit the counter for revision petition in state forum or not required?
Devajyoti Barman
(Expert) 03 May 2015
In revision written counter affidavit is not required.
Dr J C Vashista
(Expert) 03 May 2015
I agree with the expert advise of Mr. Devajyoti Barman.
However, there is no harm in filing reply to the revision petition.
You will agree revision petition is filed before higher court/forum/commission. However, as I could not make out whether the OP has filed revision before the District Consumer Disputes Redressal Forum or State Consumer dispute Redressal Commission?? If it is before State Consumer Dispute Commission, you are required to file your reply/counter to the revision petition.
Moreover, the revisionist has taken the ground for (pecuniary or territorial)jurisdiction?
Venkata Krish
(Querist) 03 May 2015
Sir,
OP has filed revision before state commission for territorial jurisdiction. This was dismissed by district forum. i will keep my counter ready and shall submit the same on the day of listing.
T. Kalaiselvan, Advocate
(Expert) 05 May 2015
First of all enter appearance before the state commission on the date of first hearing and then submit the counter or reply version to the petition filed before the commission by the petitioner. Do not rush up things which may infer adverse impact to your side for omissions if any.
