7 rule 5 dawa rad application rejected by lower court

Tilak Marg Forum for Legal Questions Forums Civil Law 7 rule 5 dawa rad application rejected by lower court

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    • #2186

      As our plot was captured by land grabber and when we prepared to file case in court the landgrabber filled case before us on the basis of house tax receipt and grampanchayat paper showing had disha.As we have original dastavej, land record paper etc on our name. Now the case was running sine a year and our lawyer didnt responded our case properly. And we chaged the lawyer inbetween our 7 rule 5 arji dawa rad arji was rejected by court and next hearing is to stay order arji of oppositors filled against us.

      Now I want to ask that can we go for appeal ? Our new lawyer is not suggesting for appeal but I dont understand on which ground the dawa rad arji rejection took place. As the oppositors does not have any valid documents.

      Please guide…

    • #2188

      It is difficult to comprehend your question. Were you made respondent by the other party (land grabber) or it was only against the authorities? What was the prayer in that case? Are you referring to Order 7 Rule 5 of the CPC? What did you plead in that application? What is the prayer in the “stay order arji of oppositers” filed against you?     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

    • #2209

      As per the discussion had with judge he said that the Dawa Arji can not be removed initially and against this we argued that after having all strong evidence why our 7 rule 5 cpc is rejected ?but the judge didnt responded to our query and given the rejection order..Now I want to know that if we go for appeal in upper court stating that having all strong evidence documents our application was rejected with favouring opositors pleading and without looking into oppositors documents….sir can we go for appeal and will it be beneficial for us ?? Next hearing 8 rule 5 is for stay order demanded by oppositors. Can oppositors get stay order even if they dont have dastavej, land record paper etc. They have only house tax parchi given by village talati and grampanchayat paper given by sarpanch of village…

      Sir we have changed two lawyers but they are doing setting with oppositors lawyer and they never do pleading or argument in our favour…

      In this case we argued with lawyer that why you are not doing RTI for the documents verification the oppositor has produced in the court but the lawyer is not taking interest in RTI. If RTI is done all forged documents will be proved and village talati and village sarpanch both will be in trouble..

      Sir, can we do RTI in this case will it be beneficial for us ? Can we do RTI by yourself without lawyer ? What will be negative effects and positive effects of RTI ?

      Sir please suggest us in this case we are helpless and not able to see the ground of this case.

    • #2213

      You have not replied to any of the queries asked by me. Please reply to those to let me understand the correct issue as to for what purpose you had filed the application which was rejected by court.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

    • #2220

      Sir, its a land grabbing case…we have a plot at the village which is grabbed by land grabber…we complain to police but they didnt take any action then we prepare to file case at court and we were ahead of them but our lawyer has done settings with them and didnt file case and taken time to let them file case inbetween they filled case against us with forged documents. They filled case as the plot belongs to them and we are interrupting them for construction also filed dawa atji rad application and stay order 8 rule 5 also…

      Our lawyer filled counter claim, dawa arji rad application 7 rule 5, and permanent stay order.

      I hope you have got your queries answers and sorry sir i couldnt explain you because i am not of law field.

      Please guide me sir I am in big trouble and lawyers are not supporting us because the land grabbers are rawdy type…

      Please guide sir

    • #2224

      I am sorry the questions that I asked remain not properly answered. In the absence of full details, it is difficult to give correct answer. It is better if you show your documents to some lawyer and then take his advice.

      Anyway, presuming that what you have mentioned is correct, i.e., that your application under Order 7 Rule 5 was dismissed, there does not appear to be a provision of appeal against such order (here, I am presuming that you have mentioned correct details, though I am not sure about these details). You may perhaps try a revision application, in consultation with your advocate, before the high court under Section 115 of the CPC, if this in fact is the correct factual position mentioned by you.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

    • #2226

      Sir as per your question in 7 rule 5 we plead that the oppositor didnt came with proper documents hence it should be directly rejected or dismissed straightaway..

      Sir can we go for appeal or revision application towards rejected one ??

      Sir what can we do against rejected 7 rule 5 civil ??

      Sir if lawyers are not responding can we fight in our case instead of lawyer ?

      What is advantage and disadvantages in “party in person ” if we fight in our own case instead of lawyer ??

      Sir first of all I am sorry to disturb you by asking so many questions. As we were wrongly deceived by lawyers so I need erfect guidance from most expert and senior lawyer like you..

      Please guide…

      Thank you for giving your precious time…

    • #2227

      Sir what is the time period for revision or appleal in upper court againsed dismissed 7 rule 5 application…??

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