testamentary original suit meaning

testamentary original suit meaning – Anyone who approaches a court after filing a petition and is now converted to a suit will have a brief idea of the legal parlance of these phrases but the word “original” in your testamentary suit may confuse you.

testamentary original suit meaning

If you are a petitioner or a respondent due to the fact that you submitted a testamentary caveat,the petition that was converted to a suit is an “ORIGINAL SIDE MATTER”.

One thing to remember is that all courts hear original side matters,but only higher courts and supreme courts hear appellate side matters.

Original and Appellate

When you approach a court for the first time with a testamentary petition it is considered an “original” side matter.When this matter is converted to a suit after caveats are filed,then this becomes a testamentary original suit.

Appellate matters are those that have come from lower courts like district courts and small courts to a higher court by virtue of an “appeal”.When a case is lost in a lower court,the losing side sometimes decides they dont want to give up,and appeal to a higher court for relief.These are appellate side matters.

Testamentary original suit pre admission

When the testamentary suit has been converted from a petition,it is kept in a waiting list by the CMIS.This CMIS is a computer system that assigns a date for hearing of the suit.

Due to the huge number of backlog cases and lesser number of judges and courtrooms,the CMIS does not assign a date immediately and keeps the matter in abeyance.

In the above image,which is of a notice of motion taken out asking the court for a particular direction in a testamentary suit.Usually notice of motions get faster dates assigned to them as they are asking the court for a specific task.Here the last date of the hearing has been displayed and also the next date is usually displayed by the CMIS.