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Petition to strike out pleading

Querist : Anonymous (Querist) 22 October 2011 This query is : Resolved 
Experts,


Plaintiff went to HC and got a direction to dispose of the case within 4 month while the defendant's application to strike out the pleading was pending in the trial court. High court has not mentioned anything about the pending application.

Since the evidence is going to be based on pleadings can the trial court reserve orders in the IA to strike out pleadings till final disposal and let the plaintiff take advantage of all her pleadings which violates order 6 rule 7 of CPC.

Should the defendant approach the high court for direction of trial court to dispose of the IA.

Please clarify.
prabhakar singh (Expert) 24 October 2011
First press it in trial court then on refusal approach to high court.
Devajyoti Barman (Expert) 24 October 2011
Yes if you aggrieve then file Revision to the high court.


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