Can a reply in a CMP u/s 151 CPC be registered as a new CMP under Article 226 of the constitution of India
T. Kalaiselvan, Advocate (Advocate) 09 September 2023
If you are filing a counter objection to the pending CMP then this cannot be considered as a fresh CMP.
You may have to institute a fresh CMP for the reasons you rely upon to file it under article 226 along with the main petition thereto
Dr. J C Vashista (Advocate and Legal Consultant) 09 September 2023
What do you mean from the term 'CMP" a local terminology used by you ?
Reply u/s 151 CPC for a writ u/A 226 ?
Facts posted are not clear.
Consult a local senior lawyer for proper appreciation of facts and advise.
Tara Chand 09 September 2023
Dear Dr. J.C.Vasista,
In response to your reply let me clarify:
A writ is fied in the HC and a respondent files a CMP(Civil Mis. Petition) is filed u/s151 CPC in this exisiting writ can a reply to the CMP u/s 151 be filed as new CMP under Article 226 of the consitution of India?