dismissal of written statement on account of delay
anant kumar
(Querist) 19 December 2010
This query is : Resolved
in a partion suit of 2007 defendabt no.5 was debarred frm filing w.s due to delay. later on he filed his w.s on 6.8.08 . again he filed a petion on 24.11.08 whioch was allowed on 3.12.09 subject to payment of cost of rs 1000 within 10 days. however on 20.5.10 a petion for exemption of cost of rs 1000 was filed and same was rejected. thereafter he filed a petion on 27.9.10 for accepting w.s with cost ,but learned sub-judge rejected the same on 20.11.10 and fix the suit fofr evidence. nw i hav to challenge order dated 20.11.10 before honble high court. whether civil revision or civil writ is maintainable ? plz refer any judgements in support of mi case
G. ARAVINTHAN
(Expert) 19 December 2010
Revision is maintainable under Article 227 of Constitution of India. However, you have to state reason for the delay in paying the cost.
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