Is order passed on IA under 151 of CPC is appealable ?
Mohamed Ali
(Querist) 09 December 2009
This query is : Resolved
Dear All,
We had filed an Interlocutary Application under section 151 of CPC to delete Legal heirs who are misjoinders as per Mohameddan law, in the pending Final decree proceedings in Priciple Civil judge Sr division and CJM court, We had mentioned in our prayer that they are not entitle for any share as per Mohameddan hence delete these LR's.
Our lawyer suppose to have filed this IA in Order 1 rule 10(2) but somehow he filed in 151 of CPC, Now our IA has been dismissed stating misjoinders cannot be deleted in pending Final decree proceedings.
Question: Our Advocate says we have to file a writ petition in High court but when I Spoke to some advocates they are telling any Order passed on section 151 of CPC even though on IA in trial court is appeal able in District court, So need to file a Writ in High court directly ?
niranjan
(Expert) 09 December 2009
Under O.43, order under O.l,rule lo:2 is not appelable,so in any case you will have to file writ.
RASIK DAGLI
(Expert) 11 December 2009
In your case, you have raised a point regarding Mis Jionder of parties. The court will frame an ISSUE along with other issues for the trial of Suit. One of the Issues will be regarding Mis Joinder of Parties. Any party to the suit can not request the Court to deleat the name of any other party on the ground that it is a misjoinder. Your application is righty dismissed. No purpose will be served by filing Appeal or Revision. You can press the Issue of Non Joinder of Parties at the time of arguments after oral evidence is over. Court may hold in your favour or against you depending on the evedence on record.
RASIK DAGLI
Advocate.
