High court me nya issue la skte h
2 years ago
Mera case chd high court me appeal me jana h Jha merko ab lawyer se milne or pta chla ki ye property succession act k under aati h or ye issue lower court me kbhi ni uthaya gya h .ab is issue ko m is case me kaise add krwa skti hu or kya high court me appeal k tym m is issue ko la skti hu
A.Hi,
Order 1 Rule 1 or Order 1 Rule 3 of the Code of Civil Procedure, 19081, should be studied in combination with Order 2 Rule 3 and Order 2 Rule 6. (b) if such persons launched separate lawsuits, any common question of law or fact would emerge. As a result, it is up to the court to determine whether any issue under the old litmus test would be joined.
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Order 1 Rule 1 or Order 1 Rule 3 of the Code of Civil Procedure, 19081, should be studied in combination with Order 2 Rule 3 and Order 2 Rule 6. (b) if such persons launched separate lawsuits, any common question of law or fact would emerge. As a result, it is up to the court to determine whether any issue under the old litmus test would be joined.
Thank you. Kindly rate the answer.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Though the court has the authority to join parties, Order 1 Rule 1 or Order 1 Rule 3 of the Code of Civil Procedure, 19081, should be read in conjunction with Order 2 Rule 3 and Order 2 Rule 6. (b) any common question of law or fact would arise if such people brought separate actions. Therefore it is up to the court to decide whether there would be a joinder of any issue under the original litigation.
Thank you
Though the court has the authority to join parties, Order 1 Rule 1 or Order 1 Rule 3 of the Code of Civil Procedure, 19081, should be read in conjunction with Order 2 Rule 3 and Order 2 Rule 6. (b) any common question of law or fact would arise if such people brought separate actions. Therefore it is up to the court to decide whether there would be a joinder of any issue under the original litigation.
Thank you
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Sachin Pawar
Responded 2 years ago
A.Yes high court may add new issue even also but court have remande matter to trial court to decide matter of framing additional issue which high court fram issues also trial court add any new issue if he think fit and decide matter you also request high court to decide matter within time bond period
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Appeal mein yeh naya issue nehi le sakte hain kiuki woh permissible nehi hain. Appeal mein koi bhi naya issue abhi aap nehi le sakte hain. Appeal mein woh issue hi sirf leh sakte hain jis par aapka matter mein Subordinate Court Order pass kiya hain aur jis Order ki against pe appeal pending hain High Court me.
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