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Queries Participated

Hisham   02 September 2017 at 17:16

Order v rule 1 and order viii rule 1 application

Sir,
I am the advocate for the petitioner/plaintiff. Have filed a Order V and Order VIII Rule 1 Application for the defendants to have not filed in the Written statement in 90 days. The court had taken my application and on the next hearing date when the defendant had filed in their written statements had returned my application stating that the written statement had been filed by the 6th respondent. Meanwhile Respondent 1 - respondent 6 have been termed exparte but ad-interim expert orders have not been passed for the other pending application but only R1-R5 has been termed ex-parte but failing to pass ad-interim orders. I wanted to file a petition before the Hon'ble High court with regard to Transfer petition under section 24. Will the High court in my transfer petition give ad-interim orders to my pending injunction applications where my orders are still pending after court hearing the said application as forcing me to withdraw my applications. Secondly can i file a petition under article 227 of the constitution of indian for the court to have acted in excess of its jurisdiction for not only numbering my petition but later returning it on the next date stating that the 6th respondent filed in their written statement without stating any reason nor even have they filed any time extinction application stating reasons for the failure to file within the time period of 90 days. What petition to be filed for returning my petition under order V Rule 1 and Order VIII Rule 1 whether A petition under article 226 or whether a petition under section 115 of C.P.C. Will a petition under article 226 be maintainable?

Hisham   04 November 2016 at 00:12

With regard to civil revision petition petition

how long will the civil revision petition take to get disposed off? is civil revision petition speedy like a writ petition? if we want immediate relief in a civil revision petition can it be made possible on the day of filling or the very next day? further can i have a format of a civil revision petition? is there a memo for urgent hearing ?

Hisham   27 September 2016 at 16:43

Return of plaint


I Have filed a Plaint before the court for declaration,injunction and possession. Now the distrcit court is not willing to take my file on record after 4 times of representation answering all the questions it has raised. Now again its asked me to remove the district collector and i cant remove the distrcit collector as order 27 rule 5a makes it clear that if a public officer ia made party to suit the distrcit collector has to be included that is the governmnet. Hence even after expalining this the court returned my plaint. what will be the procedure noe either to file civil revision petitions against the said order of court or a writ of certiorari is better to file? Hope i get the best answer. Further it is to be noted that the file is returned and a months time is given for refiling and the file is not rejected. can i go for a civil revision petiton or a writ of certiorari petition.