I have filed crpc 125 revision, in session court . Arguments heard.and the day on argument it was discovered that wife name is there but name of kids missed from title of cause although I have challenged whole decision and mentioned it clearly in grounds of appeal as well. Same time kids and wife also challenged the same 125 descision for enhancement and both revision heard together same day same judge. Now I am worried what can be result of revision petition. Important to mention here that crpc 125 judgement itself was erroneous as while considering my monthly income 130000 court wrongly awarded 40000 each to wife son n daughter. 1) can session court will not consider my challenge against whole crpc125 judgement 2) should I file seprate application with condonation of delay for revision against kids 3) judgement of revision is going to be pronounced on 20-9-19 4)I am confused should I file application or not. My lawyer said it can hamper case other way if judge got annoyed. 5) does session court has power to revise the whole judgement in my case as I challenged the same.
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1. File an application for impleadment and get the name of children added as party.
2. No
3. The said application will now not be allowed. Still you may give it a try
4. If you do not want to file then it will be discretion of the judge to give you relief with regards to the children or not
5. Yes
Regards
You can get award changed saying that awarded maintenance 40k will be for 3 members of family wife and 2 kids.
Be specific on the wording while awarding the order.
You can appeal or revision the same order.
File separate application for condonation of delay for revision
2) the cause title does not mention name of kids
3) if arguments have already been heard and case is for judgment court would be annoyed
1. This is human error and you can amend the cause titile of the revision with the permission of the court.
2/ No, there is no need. Since the order is challenged so the amount granted to your child is also assailed therein.
3. Let it be.
4. There is no need to file any application.
5. Yes indeed.
- Since, you have challenged the impugn Judgement of lower court in the session, and that judgement already containing the Kids name , hence the session court will pass order as per the parties of the 125 Petition.
1. Session court will consider whole 125 Crpc juddgement , as it is only a clerkical mistake.
2. No, need to file separate application as the Court will pass its order completely and not partially.
3. As the revision judgement pronounce date is 20.9.19 , you can move an Amendment memo of Parties before the court tomorow as well . It is enough for correction the revision petition.
4. File Amendment Memo of Parties. Just submit it with court staff , they will do the needful.
5. Yes,
Good luck and dont forget to rating Positively.
He will consider the same
Yes you can file the fans with condonation of delay.
That's your discretion to file or not.
Yes he can revide it completely if found
1. you can file an application to amend the title of the case,
once amended it will have an effect on the complete case,
My lawyer is discouraging for filing any application regarding impleadment, saying it's time barred. In whole court file including affidavit party are mentioned as wife name and others but complete name missing from main revision petition. 1) opposite council give much emphasis on this error saying I have not challenged revision against kids. My council counter by saying we have challenged whole complete order. 2) is my council misleading me someway as he is not willing to file any application 3) although no one can predict judge descision but still wat is the probability that judge will put a clerical error above the merit of case and will do injustice. In trial court judge wrongly granted 120000 out of 130000 income 4) I am worried my council misleading me as I insisting him from the day of argument to file a application but he said the same can be file on the next date of case
You are at liberty to change your lawyer
2) judge will look at reliefs claimed in revision period before passing any orders
3) we cannot stay why your lawyer is not filing another application
you can implead the same. Its a procedural lacuna and can be corrected later
It depends on discretion of court to consider your application or not.
Yes you should file application for condonation of delay
Yes session court have power to revise the judgement.
It is a settled law that procedural defects and irregularities, which can be cured, should not stand in the way of justice. Not arraying your kid's name in the array of parties is at best a technical error, and this will be ignored by the Court.
1. It will depend on the grounds of appeal and arguments you have made with the supporting documents filed before the trial court.
2. If you have not made the kids as respondents but have preferred the appeal on the whole of the judgment by which you are aggrieved, the court may decide based on your pleadings, not mentioning the kids names as respondents may not become fatal to your case.
3. You await the same.
4. You remain silent about i, let the court decide after which you can approach high court if you are still aggrieved.
5. The appellate court can decide against the entire judgment also, dont get such doubts in your mind.
If your wife name and others are mentioned then there is no problem at all about it since you have already made a mention about it in the body of the pleadings.
1. The opposite advocate is actually not knowing what to object and what not, because this is actually in his favor, however in your case it is not necessary.
2. Not it is not, he is not misleading, dont be worried on such petty issues, you cannot file implead petition at this stage.
3. Your worries are unnecessary, you rely upon the strong pleadings and grounds you have taken up for revision.
4. No comments because you are not understanding the law but insist on blaming your counsel, if you are so much worried about it what prevented you from doing it in the beginning itself when you detected this mistake.