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raam mohan (student)     16 November 2012

Vacating a order

A case was Initially in the High Cout and the CJ has passed a stay order on a property. Thereafter the caser was transfered to lower court beacse the value was below 25.00 Lacs. The trail was conducted by the lower court and the suit was dismissed. 

My question is ?

1. Since the suit was dismissed, the C.J.'s order get vacated, Am I right or wrong?

2. If I am wrong what shoul I do?

3. If i am right should I need to move a memo in the trail court asking to vacate the order a send notice to the SRO  for releasing the stay?

I will be very thankfull if u could help me?

 

rgd

ram

 



Learning

 1 Replies

surjit singh (Assistant)     17 November 2012

First of all the CJ order was regarding the jurisdiction to try the suit.

The suit is dismissed after trial here the CJ stay order is automatically vacated.

Since you are asking as a student, the proper procedure is to go for appeal. Go through the section of the CPC (Appeal against original degree). Order XLI of Code of Civil Procedure.


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