swasti (Manager) 23 September 2012

Sequence of ia,evidence,issue framing & trial

Please help me to understand the correct order of stages like Interim Application(IA), Evidence, Issue Framing and Trial..

Should all Interim Application be decided before issue framing and trial?

I've filed Interim Application for my potency test by medical board.

Will the report from medical board be taken as Evidence in court?

Can court start Issue Framing and Trial before allowing my IA for medical test and getting report from medical board?

What I understand from my advocate's explanation is:

1) Petition

2) Counter

3) Evidence

4) Interim Applications

5) Deciding all Interim Application to make orders and creating Evidences.

6) Issue framing

7) Trial

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2 Replies

Om Prakash Dhusia (HR assistant) 24 September 2012

The court is at liberty to decide your application when it feels like to. The alternative is to approach the Higher Court to issue orders to decide on your interim application first.

Regards

Ajit Singh Cheema (practising Advocate) 24 September 2012

Approaching the higher court at the interim appliction level shall only add years to the already delayed proceedings .Try to get the confidence of the court for getting early decision.