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Application to Strike Off Defence got Dismissed


05-Dec-2023 (In Civil Law)
I filed petition against the respondent U/s 7, 25 of GWA for custody of minor child. The respondent deliberately caused delay in filing written statement. I filed application to strike off her defence, which was dismissed by the family court. What is remedy against this order ?? Appeal or Revision ?? Under Act / Section??
Answers (2)

Answer #1
546 votes
we can go under the revision because the appeal is mandate only if there is a dismissal of the petition and the court has instructed to go for the appeal. In this case the family court will take the revision petition but that has to be prepared judiciously
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Answer #2
569 votes
you either have to move an application in the same court for reinstatement of the rights with proper grounds and justification why was WS was not filled within time limits , the court could impose some cost on you for filling late WS. Or you can directly approach High Court for the same.
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Advocate Jatin Raheja

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