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nandy   30 September 2022

Writ petition to quash lower court order. should judge be made respondent?

In filing writ petition against lower court order should the lower court judge be made the respondent?

For example a case in lower court (petitioner 1 and  defendant 1, defendant 2) and defendant 1 wants to challenge an I.A order. So in the writ petition challenging the order is the respondent  the lower court judge?  i.e. writ petition

plaintiff-defendant 1 and respondent -lower court judge ?

The examples seen on  internet seem to say:

writ petition (petitioner-defendant 1 and respondents petitioner 1,defendant 2)

So who becomes  respondent while challenging the lower court order ? I could not find a clear answer on internet


 6 Replies

Dr J C Vashista (Advocate)     30 September 2022

No, the judge can not be made a party in any petition.

1 Like

nandy   01 October 2022

Sir, can y pls elaborate on the answer?

So does  this mean the parties in writ pwtition are drawn from the lower court case?

which means with reference to above:

writ petition (petitioner-defendant 1 and respondents petitioner 1,defendant 2)?

Advocate Bhartesh goyal (advocate)     01 October 2022

Yes,  writ petition against order of lower court only party to the suit are made party judge or court can not be made party.

Dr J C Vashista (Advocate)     02 October 2022

As observed from your profile you have posted numerous queries on different topics, which cannot be for a needy litigant.

What is your actual problem / dispute ???

P. Venu (Advocate)     05 October 2022

What are the facts? What is the context?

nandy   17 October 2022


i  am doing online research for my family which is involved in 4 different disputes. Our opposition is very powerful and as a result we have been misled in our representation, So[ we are trying to fix it on our own. We had [reviously engaged high profile, eminent advocates but unfortunately the results are evidently bad  We understand from others that this is not our own unique experience but does happen to others too.

All queries are realted to real dsiputes but it is not one but 4. Thank you for your unviasedadvice it is the one of the best sources of information we have received so far.



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