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ashok kumar (Social Worker)     20 January 2013

Review appl under order 47 rule 1 & section 114 of cpc

 

 

The Petitioner had prayed to the Trial Court to restrain the defendant from Frequent Telephoning by Respondent over a meager sum which was in dispute between the Petitioner & Respondent

The Respondent did not appear despite the service of summons!

In ex parte proceedings the trial court did not grant the prayer with a logic that frequent Telephoning by Respondent is not a nuisance!

Does this constitute a sufficient Ground for The petitioner to file a review Application under ORDER 47 read with Section 114 



Learning

 1 Replies

Arvind Singh Chauhan (advocate)     20 January 2013

In my openion it is nuisance but better to be filed as criminal case.


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