kaushal (Advocate) 04 October 2014

Order 8 rule 1

Hi,

I filed an application for condonation of delay in filing written statement under section 151 cpc. However, the same was refused by the court and the court has fixed the case for passing of judgment in terms of Order 8 Rule 10.

Now I need help as to how can i challenge this order. I can go under revision but the client does not want to go before the same judge. The order is not appellabe so what is the remedy in this case. The only remedy i can see is order 43 rule 1A but for that I have to wait till judgment is passed.

Plz help me and suggest any case laws.

Regards

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2 Replies

adv.raghavan (Advocate,9444674980) 04 October 2014

You can go for appeal under section 96 cpc, pls ref the following judgemnt of Shantilal Gulabchand Mutha Vs. Tata Engineering & Locomotive Company Ltd. & ANR.

[Civil Appeal No.6162 of 2005]

supreme court.

kaushal (Advocate) 04 October 2014

Sir,

Thanks for the reply. The case refers to a situation wherein judgment under order 8 rule 10 has already been passed. But in my case, judgment under the aforesaid provision is yet not been passed. So what remedy apart from review do I have at this point since the order under Order 8 rule is non-appellable orders.

Regards