1. Give the counter reply that the same has no relevance to the case and that you have applied for correction
2. no
3. no
Petitioner questing credibility of respondent
The petitioner has filed a civil revision title suit in civil court against DC court order of forged deed cancellation then as a respondent i responded his petition and thereafter court has issued so cause to the petitioner by looking his forgeries which he has still not responded. but in mid of the case suddenly the petitioner has given in written in court that in my private company Identity card date of birth is mismatching with my Aadhar card and questioning my credential , which i have already applied for correction 2 months back.The intension of Petitioner now is to kill time with unwanted issues. 1. Please suggest should i give counter reply in court in written with evidence 2. Can the petitioner raise any thing later which he has not even mentioned in his revision petition. 3. Can the petitioner raise the things in revision petition which lower court has even not ordered/looked
Asked 5 years ago in Civil Law
8 Answers
These are dilatory tactics adopted by respondents
2) in your reply mention application for corrections of date of birth has been applied for and it is pending
3) take the plea that no such issue was raised before trial court
1 See since the wrong date of birth is not matter of fact of suit before the court the court shall reject same file a reply that it is not relevant and they are just delaying the suit.
2. No,
3. No.
1.Yes you can give
2. If he raises it will not be considered.
3. Yes he can if there is error of law and facts
1. Immediately file.
2. Don't worry court will not consider the facts which are not mentioned in the petition till he apply for the amendment.
3. Fresh facts can be given but can also be objected as after thoughts by the OP.
Identity card date of birth is mismatching with my Aadhar card - this has nothing to do with case and mismatch is not a criminal offense, neither petitioner has anything to do with it.
You should press court to pass ex parte order if petitioner is not responding to revision.
And facts which are not raised in actual petition cannot be raise in further proceeding.
NO, and petitioner cannot raise any fresh point but only argue in response to revision.
Dear client
- Yes you should file the written statement regarding your ID mismatch with proof in court. And also ask your Advocate to file application for fast trail as the petitioner is just making the court fool by providing fake documents.
- Yes if the evidence is related to the case. He can provide any evidence till the case is in civil court.
- He can just ask for the relief he ha mentioned in the lower court and can amend the issues for revision. And can't introduce any new issue in the middle of petition.
1. Since he has filed a petition it becomes your duty respond by filing your counter-objection to it with documentary evidences in your side denying his alegations on this, hence better dont delay the same from your side so that the petition is coming to a close very soon.
2. No, he may not be able to fill up the lacuna, however it depends on the material which he is trying to bring it before the court.
3. A revision petition is filed to get the grievances redressed which was caused by the lower court while considering a subject matter, hence if the lower court has not considered his pleadings on a certain issue, then he has got a right to file a revision petition on that issue as well.
