appeal

Querist : Anonymous (Querist) 13 March 2011 This query is : Resolved
rejection of plaint ( I.A) dismissed in the subordine court then the next step is C.M.A filed in the dist. court or C.R.Pin the high court ?

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Chanchal Nag Chowdhury (Expert) 13 March 2011
CRP in HC.

G. ARAVINTHAN (Expert) 13 March 2011
It is an order, so you need to file Civil Revision before High Court.

Debasish Hota (Expert) 13 March 2011
I confused as rejection of plaint and I.A both are different matter would you like to intimate more elaborately.

Jitendar Kumar gupta (Expert) 13 March 2011
if the suit is dismissed then you have to file appeal in the Distt. court .

Devajyoti Barman (Expert) 13 March 2011
There is two different recourse out of the order passed in the same petition u/o 7 rule 11 cpc.
If the petition for rejection of plaint is allowed by the court whereby the plaint is rejected then the Miscellaneous Appeal lies before the District Judge.
However if the petition for rejection of plaint is disallowed whereby the plaint is not rejected then Revisional Application lies before the High Court.

Uma parameswaran (Expert) 14 March 2011
CRP before High Court.

Advocate Bhartesh goyal (Expert) 14 March 2011
Explation givan by Mr Barman is right.

Querist : Anonymous (Querist) 14 March 2011
I have file the interlocutory application (I.A) filed in the sub court for rejection of plaint in the ground of disclosed the cause of action,but the sub court dismissed the same. Then next I move to C.M.A in Dist court or C.R.P in High court?

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