special civil application
PRAKASHCHANDRA MARU
(Querist) 03 January 2010
This query is : Resolved
in the civil court of the district the regular civil suit was lodged by the plaintiffs for the seeking relief not to make any change in the land by the defendant the said case was on the stage of the evidence and at that time application given by the plaintiff for the exhibit the documents which were produced by the plaintiffs like sale of agreement and receipts of it and allotment letters etc the said matter was kept for the hearing and afterwards the said application was granted accordingly the judgement of the GLR 1965 -845 and GLR 2001 (3) -2024 hence the application was granted therefore the original defendant went at highcourt and lodged the special cilvl application and rely upon the judgement bipinshantilal panchal v/s state of gujarat 2001 (3) glr 2024 para 14 that wherein it has benn held that if the objection relates to stamp duty of a document the court has to decide such objection first before proceedings further (in the objection application of the defendant the such objectation taken place that the documents likely to pay stamp duty should be not exhibited ) now original defendant lodged the special civil application and now the notice served to us then my query is that direct i have to reply of the said matter of direct argument will take place pls sugest me regards
Devajyoti Barman
(Expert) 03 January 2010
If the said application filed before the High Court is a Revisional application then after entering appearance you would be granted leave to file Opposition in writing and thereafter the argument would be held on the basis of Application and the Opposition , if any.
Raj Kumar Makkad
(Expert) 03 January 2010
Definitely you shall be provided an opportunity to rebut the revisional application moved by the defendant and only after submission of reply/written statement/rejoinder, you can lead your arguments.
adv. rajeev ( rajoo )
(Expert) 03 January 2010
you will be given an opportunity to file an objections to the petition, only after filing objections next stage will be the argument.
Khaleel Ahmed Mohammed
(Expert) 03 January 2010
Certainly High court will hear you also, before deciding the petition.
