• Writ against Order of Court which is admitted as evidence in another court by petitioner himself

Following is a generic description, here B refers to us and A refers to our opposite party.

A files a civil suit in Court 1 against B and gets dismissed, A files appeal in Court 1A.
B files a dispute with Court 2 against A and gets dismissed. B files an appeal in Court 2A and wins appeal in Court 2A. (Court 2A is a Tribunal under its Act).
The dispute as filed by B has connection to the civil suit filed by A but under a different Act and Court 1 is civil court while Court 2 is an alternative remedy under its own Act.
During the appeal hearing of B, plaintiff A wants to use the dismissal of B's suit as evidence under o. 41 r. 27 in Court 1A. The court 1A allows the petition and B prefers an revision in High Court. The High Court decides not to interfere. Fortunately, for B, the day before the High Court orders it will not interfere, Court 2A decides in favour of B. Now A has no interest in his petition for additional evidence and the Court 1A would not let him delay further and gets into final hearing of appeal.
As per statute an order by Court 2A is appealable to High Court.
Question:- Can B now prefer a Writ against order of Court 2A? Particularly when B had wanted order of Court 2 as evidence in Court 1A and the Court 1A had admitted the evidence on record?
Asked 4 years ago in Civil Law

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4 Answers

If you have alternative remedy of filing an appeal HC would not intervene in writ jurisdiction 

 

 

 

 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

If the orders of court 2A is appealed against then what is the necessity to file a writ petition against the orders of the court 2A.

In the trial court the decision which is related to the pending dispute, may be adduced as evidence by the person who relies upon.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear Sir,

1. B can prefer a writ against the order of court 2A.

2. one can appeal to a high court if not satisfied by the orders passed by the tribunals.

Thank You!

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

yes b can do that certainly under writ jurisdiction

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

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