ciivil case problem

Querist : Anonymous (Querist) 21 September 2010 This query is : Resolved
r/members
Pl suggest me about the problem
The civi judge has passed an order under order 17 rule 3 and dissmissed the suit.The suit is for specific performance.
1. Whether I have to file appeal or review.
2. the said order has been passed 4 months early. So, on what excuse I file the delay condonation application.

pl provide format if available. Thanks

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adv. rajeev ( rajoo ) (Expert) 21 September 2010
You will have to file miscellaneous appeal in the civil judge senior divn., if the order is passed by the junior divn. by filing delay condonation application. The grounds for delay must be diligent

Devajyoti Barman (Expert) 21 September 2010
First Appeal under Order 41 of CPC lies against such order which is to be filed before the court of the District Judge and the time limit is 30 days. To condone the delay you have to explain the reason like sickness, mishap etc and given the liberal approach of the court in these cases, the delay in all likelihood will be condoned.