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Anil Jain   19 January 2024

7(1) and 7(2) application under wbpt act rejected on maintainability ground of 1 month

The trial court rejected my 7(1) and 7(2) application on ground being non maintainable because summon was served on 24.4.18 and said application was filed on next day ie 28.5.18 although i appeared on the date of appearance on 15.5.18. There is a delay of 4 days and the trial court passed order without hearing because i was absent because of my fathers operation . The application was submitted by my earlier advocate whom i left on 24/7/18. Order  copy annexed. i want to recall the order . On what ground can i escape the maintainability clause. 


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     19 January 2024

If you would like to set aside the orders dismissing your application at this stage then you may have to high court with a petition for revision with a an application seeking to condone delay in approaching the high court. 

Anil Jain   19 January 2024

Is it advisable to go for recalling of order in the same court when my next date is on 5th feb 24 for ex parte hearing . Ground : on last date father operation . Lawyer fault couldn't appear despite my prior intimation. What should my prayer ??

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