aisha (housewife) 11 August 2014

Legal advice needed

My Wishes to the esteemed panel of advisors in this forum. My question is connected to a recent Appeal filed in the High Court as my chamber summons was rejected in the City Civil Court on techincal grounds stating valuation clause and court fees not being mentioned in the schedule of the Chamber summons filed.

Now the Appeal i filed in the High Court for stay and the Chamber Summons made absolute has come under the non maintainable issue. The Judge issued an order saying to convert the appeal into revision petition so we did that. but again today the defendant is objecting and saying its non maintainable. Now I have no idea why this has happened even though we did as the judge asked to do. The judge now wants us to prove and satisfy the defendant saying that our revision petition is maintainable. Please help me with all the advice the panel can give and what i should do next.

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2 Replies

sparrow (Apprentice) 11 August 2014

First and foremost the rejection of plaint on this ground by civil court is primarily an extreme step because under you could have bought extension of time by filing an application under sec 149 wherein time would have extended for you by the court to submit the required court-fee.

As far as your present position is concerned you could file an application under sec 151 CPC clubbed with an application of 149 to seek extension of time to pay the requisite court fee.

As far as the objection of defendant is concerned he may be objecting on the point of bar of limitation that your suit is infructous or on the ground that there has been too much delay in submission of court-fee.[ i'm asssuming these as you have not mentioned his objections] though in latter case the above application will do.

T. Kalaiselvan, Advocate (Advocate) 12 August 2014

You have to come with the details if you are really interested in getting a proper opinion. The information what you have furnished is either insufficient to give a proper opinion or vague n nature.