Condonation of delay in filing W.S.
Sir, I have filed condonation opf delay application , Judge has not at all discussed about the grouds of delay but he only discussed that a formal party defendent has no say in the matter so this application rejected.
Whether I go for Revision or not?
Pls also refer me the Judgements to be relied
Asked 3 years ago in Civil Law from Mumbai, Maharashtra
You may go for review of the judgment before moving a revision. Judgments will have to be searched by you on the basis of facts of the case.
you are only a formal party defendant . no reliefs are claimed against you . judge was right in rejecting your application for condonation of delay in filing WS . dont file any revision .
If your rights have been affected by the decision given by the Judge, file a review petition in the court. You being a formal party in the petition means that no relief is claimed against your interest and hence if the Judge has rejected your application for condonation of delay in filling WS, there is no need to file a revision petition against such order.
its true that no relife is calimed against me but in City civil court partition suit is pending and if this court give any favoural order to them than I have to suffer alot. I want to know that it's not the duty of judge to consider the matter as per the law and grounds are not to be concidered at all
Asked 3 years ago
if both suits are connected matters both can be clubbed together . judge was absolutely right in passing order . if no reliefs are claimed against you then you are not affected by rejection of your application . in any case file review if you are aggrieved by order . review applications are seldom allowed .
you can prefer a writ petition to the High Court questioning the order of the Trial Court. You are a party to the Proceedings, so you should be heard before passing any order whether you are a formal party or contesting. try to get both the matters clubbed so that the Trial Court will be in a position to understand your case much better.
If you are a party to the proceeding then the court has to hear you before passing any order which affects your rights. In this regard you may apply for review, and file for revision if review is not allowed.