Amita 30 January 2017

Question re: documents submitted before the high court

I have a couple of questions regarding Special Civil Application (SCA) in a High Court and need your help. Please see below:

The lower Court rejected the Petitioner’s application. Now the Petitioner has approached the High Court with an SCA challenging the order from the Lower Court. I’m from the Respondent’s side.

In the petition, the Petitioner has included the original application filed before the lower Court and the response submitted by the Respondent. However, the Petitioner has NOT included several List of Documents as well as Written Arguments that were originally submitted by the Respondent before the Lower Court during the concerned proceedings.

Questions:

1. Isn’t it a MUST for the Petitioner to include ALL the relevant documents from the Lower Court (i.e. documents that were presented and/or brought to the attention of the Lower Court during the said proceedings) when the Petitioner submits the petition (SCA) before the High Court?

2. Does the High Court automatically/routinely ask the Lower Court to send the records related to the original proceedings ? Or does the Respondent need to raise an Objection since all the relevant material has not been presented before the HC ?

Thanks

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Originally posted by : Amita
	I have a couple of questions regarding Special Civil Application (SCA) in a High Court and need your help. Please see below: The lower Court rejected the Petitioner’s application. Now the Petitioner has approached the High Court with an SCA challenging the order from the Lower Court. I’m from the Respondent’s side. In the petition, the Petitioner has included the original application filed before the lower Court and the response submitted by the Respondent. However, the Petitioner has NOT included several List of Documents as well as Written Arguments that were originally submitted by the Respondent before the Lower Court during the concerned proceedings. Questions: 1. Isn’t it a MUST for the Petitioner to include ALL the relevant documents from the Lower Court (i.e. documents that were presented and/or brought to the attention of the Lower Court during the said proceedings) when the Petitioner submits the petition (SCA) before the High Court? 2. Does the High Court automatically/routinely ask the Lower Court to send the records related to the original proceedings ? Or does the Respondent need to raise an Objection since all the relevant material has not been presented before the HC ? Thanks

Hello,

Petitioner has already got the favorable orders, now quams the respondent is having. Hence you approached Hon HC. What all need to be told to HC you ie respondent who has quams should tell in the plea asking HC to look into matter and that includes all details, Hence LCR to be done in this case. Unless that done HC cant get a clear view of where LC has errred and passed order. IF you have not done so till now, recall application to be filed and this petitoin should be filed so that all records are brought and looked into by Hon HC.

Amita 30 January 2017

Hello:

Thanks for the response. Actually, the Petitioner's (wife) application got rejected by the Lower Court and so she is the one who has approached the HC, and not the Respondent Husband. The respondent now needs to submit a WS in response to the petition by the wife before the HC.

In her HC petition, the wife has NOT included several List of Documents as well as Written Arguments that were originally submitted by the Respondent husband before the Lower Court.

Hope this clarifies. Can you please respond to my questions now? Thanks a lot.