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krishnamurthy (teacher)     10 December 2021

civil

what is civil miscellaneous Petition?


Learning

 1 Replies

Anaita Vas   05 January 2022

In a Civil Miscellaneous Petition under Article 227 of the Constitution of India or Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 arising from an order in a pending proceeding before a Court subordinate to the High Court, an advance copy of the paper book shall be served upon each opposite party or their counsel who appeared last for such opposite party in the Trial Court.

The Civil Miscellaneous Petitions are one of the important tasks of the Judge in the Civil Court. The filing of the Civil Miscellaneous Petition will start even before registering the case. According to the Oxford Dictionary meaning, Miscellaneous means consisting of a mixture of various things that are not usually connected with each other. When a petition is filed seeking interim relief, it is registered as a Miscellaneous petition. A Memo filed before the Court of Law need not be treated as a Petition. Where a Petition is filed requiring some relief from the court, a notice to the opposite party is mandatory in most cases. 

When a Miscellaneous Petition is filed in Civil cases, it is registered as Civil Miscellaneous Petition. 

 

Regards,

Anaita Vas


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