what is timeframe to refile the petition in hc if status is returned?
03-Dec-2023 (In Property Law)
Hi, We have recently won a civil suit for our property in district court and the opposite party has filed a petition on the 90th day of the judgement made. The status of their petition is Returned in high court, can they refile it? If so, is there any timeframe? Also, I have already filed a caveat so is there any other precautions to be taken care of?
Dear Client
Yes they can refile, however, they will need to disclose that they had earlier filed a petition which was returned for whatever reason. However, if limitation period has elapsed they will need to file it with an appropriate application under limitation act.
Now, if your caveat is also valid for a period of 90 days from the date of filing and you need to file an application seeking extension of time period of caveat by 90 days.
Please feel free to contact for legal aid, advice and any kind of assistance.
Yes they can refile, however, they will need to disclose that they had earlier filed a petition which was returned for whatever reason. However, if limitation period has elapsed they will need to file it with an appropriate application under limitation act.
Now, if your caveat is also valid for a period of 90 days from the date of filing and you need to file an application seeking extension of time period of caveat by 90 days.
Please feel free to contact for legal aid, advice and any kind of assistance.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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