Appeal
amol
(Querist) 05 October 2021
This query is : Resolved
In Maharashtra Pune district of Senior Division our case is running in which we are defendant.
Honr. Senior Division court rejected our normal application.
We want to file appeal against application of order, but our application is normal application which is not injunction application, only normal application.
Our application is not fit in CPC Order 43 as our application is normal application.
Kindly provide us information about CPC section and type of appeal against order of honr. Senior Division court in Maharashtra which we need to file.
Also whether we need to file in district court or directly to Bombay high court.
Dr J C Vashista
(Expert) 06 October 2021
What is the "normal" application ?
Which laws are applicable to the subject application, when Order XLIV CPC is stated to be inapplicable ?
No facts have been posted.
Presumably a time pass query.
amol
(Querist) 06 October 2021
Respected Sir,
Pardon, but this is real issue in senior division court of Pune in Maharashtra.
fact is examination chief of plaintiff is done before covid in 2019, Now near about 2 year after Plaintiff submitted one pursis and rejoinder along with Pursis. In this Plantiff raised limitation issue on defendant counterclaim and few words describes there intension of repair indirectly in the property .
Now we defendant submitted normal application and take objection on this Pursis and Rejonder.
We raised objection that at belated stage rejoinder of plaintiff is not allowed, plaintiff should submit application instead of pursis, so this pursis and rejoinder is bad in law. Also in application we(defendent) informed the honr. court that our counterclaim is within limitation and also plaintiff can not do repair without defendant permission. so Plaintiff is unnecessary delaying matter by submiting rejoinder. We prayed honr. court to reject the pursis and rejoinder of plaintiff and do not consider it as part of suit or as part of evidence.
We(defendant) submitted normal application to take objection on this plaintiff pursis and rejoinder without specifying any CPC section in honr. Senior Division same court.
But court has rejected our application. So we want to go for appeal.
But our application is not specified any CPC section and it is not injunction application. It is Normal objection application. We come to know In Order 43 (XLIII) certain specified section(s) they have provided to go appeal on order of senior division.
we think by reading Order 43 Our normal application does not fit in this section(s) as we have not specified any CPC section in our application.
Hence we want to know information about CPC section and type of appeal against order of honr. Senior Division court in Maharashtra for our objection application, for which we need to file appeal. Also whether we need to file it in district court or directly to Bombay high court.
Kindly provide us help.
amol
(Querist) 06 October 2021
Kindly provide us help.
KISHAN DUTT KALASKAR
(Expert) 06 October 2021
Dear Sir,
You have to explain what is normal application and should give and narrate more details to understand your legal problem.
amol
(Querist) 06 October 2021
Respected Sir,
As we submitted application without writing any CPC section or order info on the first page header and not specified any CPC info on first or last page , so I said normal application.
But Sorry for my mistake, it make confusion due to the word "Normal" in my query.
so Kindly ignore word "normal" in my above query and consider it only application.
We(defendant) submitted application to take objection on the plaintiff pursis and rejoinder. We did not specified any CPC section in application submitted in honr. Senior Division court.
Now honr. Senior Division court rejected our application.
We want to go for appeal.
Hence we want to know information about CPC section and type of appeal against order of honr. Senior Division court in Maharashtra for our application, for which we need to file appeal. Also whether we need to file it in district court or directly to Bombay high court.
Kindly provide us help.
