In response to Mat suit that was decreed ex-parte, the respondent filed an application u/ order 9 rule 13. The application was allowed on erroneous ground that service was not undertaken by court process server. However, during review of the said order, the HC acknowledged that the service of summon was undertaken in ‘more than one way’ but prayer of petitioner to set aside the order u/o 9 R 13 was denied because for different reason as stated by HC ‘there was a change in 'set of Lawyers' during review; which again was inaccurate. My query is whether I could ask for review of the order in lower court where the decree was set aside based on the High Court order?
Whether the section 313 can be waived if none of witnesses including IO has appeared other than DC with a application under section 340 pending?
Is it possible to file a contempt application against a witness in a criminal case by the accused person if he /she fails to appear during evidence after knowledge and repeated calls
If in a 498A case, the witnesses don't turn up (other than complainant) after issue of several summons and warrants, then can a accused person file for contempt of court u/s 2C against the witnesses ?
Regards a case under section 498a. The x-exam of complainant completed after 9 yrs. after issuing W/A (bailable) twice. In last 10 months none of the witnesses (3) including I/O have turned up to date. Each witness were served 3 summons and two of them were served W/A (bailable) twice. section 340 pending against complainant. What step can be taken to expedite the matter.
Validity of application
If a misc case not filed in filing court but directly started in lower-is that valid?