Writ filling by defendants
SHIESTA007
(Querist) 01 October 2012
This query is : Resolved
Dear Team,
The PW=2, had given GPA to PW=1, to represent before the civil proceedings.
During the evidence of pw=1, the advocate of pw-1, through his oversight did not mark the GPA given by the PW=2.
After the cross-examination was to the fag end the Defendant No-4 raised a point that whatever the PW-1 has given the oral evidence does not fit in the eyes of law.
Later the PW=1,new adovcate filed an application for recalling and marking of the document of GPA. The PW=1 had submitted almost nearly 21 documents with the GPA . But due to the oversight of the earlier advocate the GPA was not marked.
Now the application is allowed and the PW=1 , was recalled and got the Document marked.
But now the defendant is saying that they will file a writ against the order passed by the trial court.
hence, i request the team to let me know whether the defendant can file a writ against the order passed by the trial court. if yes then on what grounds he can take up the contention.
Thanks to the team who will reply to the query.
Advocate Rajkumarlaxman
(Expert) 01 October 2012
what are the contentions raised by the defendants and plaintiffs objections and what is the judgement and order passed in the same. all this is to be clear then only we can opine to you. please do the needful we will get back earliest.
R.K Nanda
(Expert) 01 October 2012
defendant can file appeal against that order
and not writ.
M V Gupta
(Expert) 01 October 2012
Yes. Only an appeal can be filed: not a writ.
ajay sethi
(Expert) 02 October 2012
even if he files an appeal chances of success are bleak . the court has permitted your application for recall of witness . the GPA has been taken on reocrd .
Kiran Kumar
(Expert) 02 October 2012
the instant case does not invite filing of any writ petition.
the remedy will be Revision/ Appeal as prescribed by the procedure adopted there.
even if the GPA is marked or exhibited, it will not effect the merits of the case so there are almost nil chances of getting relief from the higher courts.
