Revision petition in ncdrc
rajan nair
(Querist) 02 May 2013
This query is : Resolved
I had won a case at cdrf and filed the necessary execution petition during may 2012.
however the OP filed an appeal at the state forum and got a stay.
the state forum has now dismissed the appeal allowing me a cost of 5000rs too.
the execution petition filed in cdrf was posted on 30/4/2013.
on that day the OP appeared and stated that they had filed a "Revision Petition" at NCDR.however no documentary evidence was produced regarding the forum.I have also not got any notice from the NCDRC regarding the same. as such the cdrf advised me to take necessary steps for issuing show cause notice.what are those steps needed from me at this stage? if possible kindly give a format of show cause notice in this regard.
1)do I have to appear before the NCDRC?If so,will I be getting an official notification from the NC for the RP?
2)is the revision petition means "appeal"? or is there any difference?
4)Is the procedures as a respondent same as in the appeal at state forum?i.e do I have to submit an argument note etc? or the case file from the lower court will be called and based on the same only a relook by the national forum?
any further guidelines on the technical/procedure aspect would be of immense help to me.
R.K Nanda
(Expert) 02 May 2013
if RP of OP is admitted in NCDRC then it will
send show cause notice to u to appear for
next date there and u will not do anything.
Raj Kumar Makkad
(Expert) 02 May 2013
Until you receive notice of National commission, nothing is to be done on your part for that purpose. Meanwhile you should pray before DCDRF to issue show cause to the judgment debtor to comply with the judgment/order under execution.
rajan nair
(Querist) 03 May 2013
thank you rajkumar and nanda sir.
kindly provide a sample format of application to be submitted before dcdrf for issuing show cause to the judgement debtor.
