Forcefully Dispossesion when stay order is in operation
Dalip ahuja
(Querist) 16 April 2018
This query is : Resolved
Sir, Civil suit is pending in court, court orders to maintain status quo,But respondents dispossessed us from suit property. We file contemp petition under 39(2) which is pending. Now We file application under 151 cpc for restoration of possession with the main suit,while argument on our application under 151 cpc court prefer to argument on our pending civil suit. My question is which case should be argue first application under 151 cpc Or civil suit. Is there Any judgement delivered by upper court. Help me
Guest
(Expert) 16 April 2018
What is the advice of your own lawyer? Is there any reason not to rely on your own lawyer.
Guest
(Expert) 16 April 2018
What is the advice of your own lawyer? Is there any reason not to rely on your own lawyer.
Dr J C Vashista
(Expert) 17 April 2018
It is the application under Order XXXIX Rule 2A CPC which shall be heard later than application u/s 151 CPC. It is procedural which need no authority/citation/ruling. However, let your advocate may perform his/her professional duty for the fees charged by him/her.
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