Infructuous civil misc main petition: clarity: delhi high court

Anurag Mittal (Querist) 01 March 2014 This query is : Resolved
Family Court has passed an order dt.22.10.2013 directing the respondent to file written statement subject to costs of Rs.5,000 and in the same order it dismissed respondent application under Order 7 Rule 11 CPC and also dismissed application of petitioner under Order 8 Rule 1, 9, 10 CPC.
Next date of hearing given by Family court was 02.12.2013.
In the meantime on 29.11.2013 petitioner filed a Civil Misc Main petition instead of civil revision petition against Family Court order Dt.22.10.2013 allowing the respondent to file written statement.
However the petitioner did not got the matter - Civil Misc Main petition filed at Delhi High Court prior to or on 02.12.2013.
Respondent on 02.12.2013 complies with the Family Court order Dt.22.10.2013 and files his written statement on 02.12.2013. Again the Objection was raised by petitioner on 02.12.2013 not to allow respondent to place his written statement on record. The said objection was overruled. Petitioner does not Inform the Family court about the filing of Civil Misc Main petition at Delhi High Court on 29.11.2013 praying for setting aside Order dt.22.10.2013 passed by family court and also did not mentioned that the petitioner has moved an interim applications as well in her Civil Misc Main petition at Delhi High Court praying for directions to be given to Family court not to take the written statement from respondent on record. However the said Civil Misc Main petition is listed on 11.12.2013 at Delhi High Court MUCH AFTER the Family Court Date of Hearing on 02.12.2013 on which the written statement was already taken on record. The Petitioner Concealed and did not FILED the Order Dt.02.12.2013 as an additional document along with his Civil Misc Main petition and prays to the filing department on 09.12.2013 to get the matter listed on 11.12.2013. No information about 11.12.2013 is given to respondent and behind respondent back Petitioner Obtains Order dt.11.12.2013 increasing the costs imposed on respondent from Rs.5,000 to Rs.20,000. Further the HC does not grants relief to petitioner not to take the written statement on record. Query: After the Family Court Date of Hearing on 02.12.2013 the Civil Misc Main petition filed by petitioner on 29.11.2013 but deliberately listed on 11.12.2013 and concealing order dt.02.12.2013 , it should have by default become INFRUCTOUS.

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