MA or Writ under 226.227...?

This query is : Resolved 

09 July 2019

Defendant filed amendment application for amend the w/a after lapse of 10 years ....junior division court allowed the said a plaintiff I want to challenge that order whether can i file MA appeal before the senior divn court or can I go to high court for filing writ ....what a d limitation period filing the appeal

Dr J C Vashista (Expert)
10 July 2019

Whether the application u/o VI Rule 17 CPC has been allowed or some other?
Whether the order is appealable u/o XLIII CPC or not?
Incomplete information can not lead to form an opinion and oblige.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me with records (on appointment) at: chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
Cell # +91 98911 52939 email: or visit:

NAGARAJ (Querist)
10 July 2019

After lapse of 10 years 0rder 6 rule 17 filed by 3rd defendant to amend his written statement by incorporating additional para stating that the plaintiff deliberately not including the joint family property hence suit is not maintainable.....if the above application allowed by junior division principal civil judge a plaintiff shall I directly file writ petition under article 226.227 or MA in senior division trial court which has jurisdiction.?

P. Venu (Expert)
10 July 2019

In my understanding, the amended pleadings need to be met on merits than on mere technicalities.

R.K Nanda (Expert)
10 July 2019

consult local lawyer with case file.

NAGARAJ (Querist)
14 July 2019

Not satisfied for ur reply sir.........I'm seeking information regarding the provisions to appeal the order on the IA allowed passed by junior civil judge .....where I should file the appeal ...senior civil judge or shall I directly approach the highcourt ..if senior civil judge under which provision

Hemant Agarwal (Expert)
23 July 2019

1. Condonation of Delay application can be filed after ANY period of time, PROVIDED they are annexed with proper justifications & reasonings and allowing the same is the sole discretion of the Court. There are judgement wherein Courts have accepted the delay even after 30 years, which you can search for your requirements OR consult a local lawyer for the same.

Keep Smiling .... Hemant Agarwal

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