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Can trail court progress when crp pending.

Querist : Anonymous (Querist) 25 December 2011 This query is : Resolved 
Dear Experts,

1) Can the trail court disposes the Suit without waiting for the result of the CRP filled (against I.A dismissed by the trail court)in High court by the plaintiff?

2) Can the plaintiff request the trail court to wait for the result of CRP ?

Thanks in advance
Nadeem Qureshi (Expert) 25 December 2011
What is CRP? mention full form, if it is Crimainal Rivision Petition then first prayer should be stay the proceeding of Original Suit in trial court. if there is no stay granted by HC then trial court is not bound to wait.
yes, plaintiff can request to the court for wait till the disposal of CRP but the court may allow or dismiss the application it is discrition power of the court.but without stay by HC as per my opinion there is no provision that trial court wait & hold the proceeding till the final disposal of the CRP.
feel free to call
Querist : Anonymous (Querist) 26 December 2011
Thanks Nadeem sir,

I means CRP here as Civil Revision Petition.

And the IA dismissed is for adding another necessary party to suit.
Advocate. Arunagiri (Expert) 26 December 2011
Normally, the lower court will not dispose the case when CRP is pending. But, legally you should have a stay.
Devajyoti Barman (Expert) 26 December 2011
1. Yes if there is no stay of further proceeding of the suit.
2. Yes if the merit of the case is closely linked with the outcome of the IA.
prabhakar singh (Expert) 26 December 2011
agree with experts.


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