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T.K.DAS   06 January 2022

Technicality of an ia to dismiss another ia

This is a technical question about interlocutory applications (IA). 

Whether an IA can be filed to dismiss another IA? 

Whether I can file an IA within another IA with a prayer to dismiss the IA? 

Example: 

IA No. 333 of 2022

IN

IA No. 222 of 2021

IN

OS No. 111 of 2020

In the above example, IA No. 222 of 2021 is the main IA.

IA No. 333 of 2022 has been filed within IA No. 222 of 2021 with a prayer to dismiss IA No. 222 of 2021. 

Is this maintainable? 

 



 6 Replies

Shashi Dhara   06 January 2022

No you cannot ,in IA 222/21you have to. File objections to dismiss it if allowed you have to file miscellaneous appeal or wrp in high court.not maintainable.

1 Like

T.K.DAS   07 January 2022

Thank you for your reply. 

But, how do I file my objections? 

The respondents already filed counters, but the IA was allowed. IA is still pending. At this stage, how do I file objections? That is exactly my question. How can I oppose the main IA at this stage? By filing another IA within the main IA ??? That is my question. What is the right way?

Also explain the reasons why we cannot dismiss the main IA by filing another IA within the main IA?

Please reply with contact details. 

Thank you. I will wait eagerly for your reply here or to my email. 

My email: tkdas DOT kalighat AT gmail DOT com

 

 

Shashi Dhara   07 January 2022

If once IA is allowed or dismissed the same court cannot dismiss or allow  its own orders previously passed , remedy is to challenge in appeal court or thru WP in high court.

1 Like

T.K.DAS   08 January 2022

Thank you for your response. 

Sir, kindly give me your contact details. 

I searched in Google for Shashidhara but there are many lawyers with your name in Bengaluru and Karnataka. 

Kindly tell me your initials. 

Please send me your contact details to my email id:

tkdas.kalighat@gmail.com

tkdas DOT kalighat AT gmail DOT com

My cell number is 9100 80 2001. Please call me or message me. No Whatsapp. Only SMS. 

It is a petition in a partition suit, where preliminary decree was already passed, and after that a final decree petition under Order 26 Rule 13 has been passed. We filed a counter, but the petition was allowed and an Advocate Commissioner was appointed and he submitted a report. 

Now, we found that the plaintiff committed fraud and now we have more reasons to pray for dismissal of petition, which we did not know earlier. The final decree petition is still pending. Final decree has not been passed. Since the petition is still pending, can I not file one more IA within the final decree petition and explain to the court that the plaintiff committed fraud and therefore the final decree should not be passed and the final decree petition which is still pending must be dismissed? 

Without filing an IA in the lower court, how can I approach the High Court directly? Because a TRIAL is required to determine whether there was fraud or not. 

Without a TRIAL in the lower court, how can we approach the High Court in Civil Revision Petition or Writ Petition? 

How will a Writ Petition be maintainable when we have other remedies? I understand that Writ Petition is the last resort when there are no remedies under CPC. 

I want to come to Bangalore or wherever you are and do a PAID CONSULTATION with you. 

If you do not give your contact details, I will be forced to go to Bangalore and approach each and every Shashidhara there. I hope Shashidhara is your true name? 

Please Please Please

Kindly help me. 

 

Shashi Dhara   08 January 2022

I think that you have engaged advocate ,if you are not satisfied on commission report ,then file IA   to court to permit the commisioner and witness to cross examination in open court ,on the report submitted by commissioner and the witness signed it , court will pass orders on that ,then if you not satisfied on the orders passed , then u can approach high court. I am advocate but I resides  in village  and interested in agriculture so don't come to court ,my office is run by my colleague advocates .so searching for me is not necessary .

1 Like

Krishna Kishore   09 January 2022

Thank you sir for your kind reply. 

Can you at least suggest some other advocate who is good and who can help me in Bengaluru or anywhere in India for a paid consultation?

You can give his contact details to me or you can give my contact details to him. 

Email 

tkdas.kalighat@gmail.com

Cell

9100802001

Thank you again for answering all my questions with patience. 

 


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