Sekar 22 February 2020

U/s 151 cpc 8 rule 1a in dvc allowed to submit docs?

Hi Experts,

This is in my DVC, my advocate now filed two petitions under order 8 rule 1A and section 151 of cpc

1. To receive additional counter

2. To receive documents which are very to decide the interim mantance/final maintance

The OP filed counter in both the petitions saying

1. Not a correct provision

2. Why didn't we file it at the time of counter

3. No reasooning of delay in submission (the advocate mentioned the reason for only one document)

So is it a correct provision? if not, can we "NOT PRESS" and file a fresh petition? I have changed my advocate so, currently i am about to engage a new lawyer.

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3 Replies

Dr J C Vashista (Advocate) 26 February 2020

You have already changed your lawyer let him/ her proceed as per his/ her own wisdom without unnecessary interference / obligation of experts.

Dr J C Vashista (Advocate) 26 February 2020

You have already changed your lawyer let him/ her proceed as per his/ her own wisdom without unnecessary interference and obligation of experts.

Sachin (N.A) 26 February 2020

Your lawyer is not correct by filing application under CPC as Section 28 in The Protection of Women from Domestic Violence Act, 2005 28. Procedure.— (1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).