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NRV   30 September 2021

What is os and what is op?

Unable to understand difference between Original suite and Original petition, please post the difference.


Learning

 2 Replies

Shubham Bhardwaj (Advocate)     30 September 2021

Dear Sir, 

Although your query is an academic query, however, I ll give you an idea. The difference between original Suit and Original Petition lies in the second term i.e. " Suit" &" Petition".  Generally, suits is filed in lower courts such as Civil Judge and Additional District Judge, District Judge. But Petitions are filed in High Court under Article 226/227 of the Constitution of India. For eg: A Writ Petition is a Original Petition because every High Court is a Court of Original Jurisdiction as far as Writ Petition is concerned. A writ cannot be filed in lower courts.

But there is an exception. Some High Courts in our country have Ordinary Original Civil Jurisdiction also such as Delhi High Court and Himachal High Court because a suit of a specific value must be filed in these High Courts. Whereas Punjab & Haryana High Court does not have Ordinary original Civil Jurisdiction which means no matter how big a suit is, it cannot be filed in High Court and will have to be filed in Civil Judge Court or District Court depending upon pecuniary jurisdiction. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance. 

1 Like

Dr J C Vashista (Advocate)     01 October 2021

Very well explained by expert Mr. Shubham Bhardwaj.

Such academic questions should be asked from your tutor/ coach / professor as this platform is meant to help needy litigants.


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