Aishwarya (Teacher) 09 November 2011

Writ petition in hc

In a certain DV case, the judge ordered some interim amount and there was appeal in the Sessions court.

The sessions court dismissed the appeal because the lawyer did not appear when it was required..

I want to know, if I now go to the High court, WILL THE COURT ASK, TO PAY FIRST AND THEN LISTEN TO PLEA or they will hear it anyway.

Can a writ be filed to look into the matter because the appeal was not given any hearing and was dismissed?

In this case, will the high court listen to the plea of the appeal..?

In case of a writ petition filed in the above mentioned matter, will the judge in the HC ask to pay first and then listen to plea..or will anyway listen..

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3 Replies

SHAILENDRA SRIVASTAVA (MANAGING PARTNER) 09 November 2011

IF YOU ARE APPELLANT THEN YOU MAY FILE THE RECALL APPLICATION OF THAT ORDER BY WHICH APPEAL HAS BEEN DISMISSED FOR FAULT OF LAWYER. HIGH COURT WILL NOT INTERFERE AT THIS STAGE.

Aishwarya (Teacher) 09 November 2011

Can one not ask the HC to use its extra-ordinary power under section 482 of the CrPC to revive the case ?..will the sessions court be able to set aside its own order ?

(Guest)

Can one not ask the HC to use its extra-ordinary power under section 482 of the CrPC to revive the case ?..will the sessions court be able to set aside its own order ?

No.SHAILENDRA SRIVASTAVA is right.First you have to recall application .After that you have to to move to high court.