Amarbir burdia
Asked August 17, 2016

How to challenge order of dismissal

  • 1 Answer
  • 277 Views

A civil suit for ownership filed was in our favour of me (petitioner) after that I (petitioner) filed EXECUTION (petitioner) in lower court for harassment done by respondent but my EXECUTION is dismissed , Now please what is the Next Legal Advice for me(petitioner) and where can challenge this order of dismissed of EXECUTION. Thanks {Court Order - heard, EXECUTION dismissed dt 4/08/2016 by additional civil judge (senior division)}

Answer 1

You can file an appeal against that Oder in court of district judge against the order of executing court within 30 days from the date of order. The appellate court (court before which you have appealed) will issue notice to the opposite party and decide the appeal.

Note: According to the Punjab and Haryana High Court Rules, an execution case can be dismissed if the applicant for execution does not take necessary steps to prosecute his application. However, the Court must record its reasons for the action taken in such cases.[1]

 

 

[1] Punjab and Haryana High Court Rules, Chapter E, Clause 13. Available here.

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