Order v rule 1 and order viii rule 1 application
Hisham
(Querist) 02 September 2017
This query is : Open
Sir,
I am the advocate for the petitioner/plaintiff. Have filed a Order V and Order VIII Rule 1 Application for the defendants to have not filed in the Written statement in 90 days. The court had taken my application and on the next hearing date when the defendant had filed in their written statements had returned my application stating that the written statement had been filed by the 6th respondent. Meanwhile Respondent 1 - respondent 6 have been termed exparte but ad-interim expert orders have not been passed for the other pending application but only R1-R5 has been termed ex-parte but failing to pass ad-interim orders. I wanted to file a petition before the Hon'ble High court with regard to Transfer petition under section 24. Will the High court in my transfer petition give ad-interim orders to my pending injunction applications where my orders are still pending after court hearing the said application as forcing me to withdraw my applications. Secondly can i file a petition under article 227 of the constitution of indian for the court to have acted in excess of its jurisdiction for not only numbering my petition but later returning it on the next date stating that the 6th respondent filed in their written statement without stating any reason nor even have they filed any time extinction application stating reasons for the failure to file within the time period of 90 days. What petition to be filed for returning my petition under order V Rule 1 and Order VIII Rule 1 whether A petition under article 226 or whether a petition under section 115 of C.P.C. Will a petition under article 226 be maintainable?
