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vidu (abc)     17 October 2009

Memorandum before a court

I want to file an application before a court .

For a lay person that I am , kindly eplain in simple english what is the difference between a Miscellaneous Application u/s 151 CPC and other being filing same request by way of a Memorandum ?



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 2 Replies

Prakash Yedhula (Lawyer)     17 October 2009

An application under Section 151 is filed to invoke the inherent jurisdiction of the civil court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. A memorandum is normally filed in the court to bring to the knowledge of the court and record certain facts, events etc that happened during the course of proceedings that are incidental to the proceedings. For example, death of party, compliance of conditional orders etc

 

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vidu (abc)     18 October 2009

thanks sir .

In a lower court , do we have to send advance copies of application to the opposite parties before filing the same before lower court ?


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