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Tara Chand   08 September 2023

Reply in cmp

Can a reply in a CMP u/s 151 CPC be registered as a new CMP under Article 226 of the constitution of India 


 3 Replies

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?

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