APPEAL TO SUPEREME COURT AGAINT CM(M)
Rajan Kaushal
(Querist) 09 August 2010
This query is : Resolved
The case is:-
Two CM(M) of Party A have been rejected under the same order by the High Court in a single bench. The CM(M) were filed against two different orders in two different suits(in one case of suit for permanent injunction as plaintiff and in another of Probate as defendent) rejecting the misc application under order XXII for impleadment of the party A after death as legal representatiive of the deceased plaintiff/defendent though the legal heirs are alive and in one case are on record and Party A is a Transfree Pendente Lite Party despite status quo orders against the defendents in probate case. Party A also filed review of the order which also stands dismissed by the High Court.
The questions are: -
1. What is the remedy available to Party A. If the Party A goes to SC, it would be SLP or what? What is the Time period to move application/SLP to Supereme Court? Whether the review period is to be excluded for calculating the period of limitation.
2. Now, the party B wants to file caveat in Supereme Court. Whether it will br filed as SLP under ORDER XVI RULE 4(1) (A)SPECIAL LEAVE PETITION Under Article 136 of the Constitution of India?
What is the procedure?
How many sets are to be filed ?
What is the court fee?
Please resolve the above queries.
Best regards
Rajan Kaushal
s.subramanian
(Expert) 26 August 2010
1. File appeal by special leave before the Supreme court. 90 days time is there.
2, You have to file at Caveat.
