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ashok kumar (advocate)     01 November 2008

legal issue

Respeted all

An exparte decre is passed.

defendant placed application u/o9 rule 13 ofCPC before the instituion court / parental court while the order / decree is passed by another court. Parental court wrote to D.J. To transfer the matter before that court who passed the order.D.J. rejected and directed to parental court to decide the matter. Parental court expressed his opinion that he will reject the application of 9 [13] of C.P.C. for want of jurisdiction

What is the option before me at this stage ? kindly suggest along with citation/ rulings if any

With regards

Ashok Kumar Advocate



Learning

 3 Replies

mastanrao.bhogadi (advocate)     09 November 2008

Sir ,


To setaside  expartedecree you have two options


1.you can file a petition under or.9 rule13 before the court passed that order .


2. you can preffer an apppeal under Sec.96 c.p.c

prof s c pratihar (medical practitioner &legal studies)     11 November 2008

also to apply for review Order47 Rule 1.pls go through the judgment   arjun singh v mahindra AIR1964 S C993.

Nishith P Thakkar (lawyer)     16 November 2008

the district judge isthe administrative head of the concern district.   if both the court are situated in the same district he should pass an administrative order of transfering the matter.              


 the judge who has reffered the matter to the  d.j. has declared his opinion not to reject this matter on the ground of maintainablity       but    he   is   helpless   to order as " to be produced before appropriate cour t ". however even if it is rejected , the order   is not on merits ,  you can file it befor e appropriate court under    o 9 r 13.  it has a wide power.

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