APCRPCO Section 55 : Contents of

Explanation using Example

Example 1: Multiple Reliefs in a Property Dispute

Introduction: Ramesh files a civil suit seeking multiple reliefs against his neighbor, Suresh, for encroachment on his property. He requests the court to (1) order the removal of the encroachment, (2) award damages for the loss incurred, and (3) issue a permanent injunction against further encroachment.

Application: According to Section 55 of The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Ramesh must file separate applications for each distinct relief unless they are consequential. Here, the removal of encroachment and damages are distinct reliefs, while the injunction could be considered consequential to the removal.

Outcome: The court may direct Ramesh to file separate applications for the removal of encroachment and damages, while allowing the injunction to remain in the same application if deemed consequential. Non-compliance with this directive could lead to delays or dismissal of the combined application.

Conclusion: By complying with the requirement to file separate applications, Ramesh ensures that each relief is properly addressed, avoiding procedural complications.

Example 2: Employment Dispute with Multiple Claims

Introduction: Priya, an employee, files a legal application against her employer for wrongful termination. She seeks (1) reinstatement, (2) back pay for lost wages, and (3) compensation for emotional distress.

Application: Under Section 55 of the APCRPCO, Priya must file separate applications for each distinct relief unless they are consequential. Reinstatement and back pay are distinct, while compensation for emotional distress may not be directly consequential to reinstatement.

Outcome: The court may instruct Priya to file separate applications for reinstatement and back pay, while requiring a separate application for emotional distress compensation. Failure to do so could result in procedural delays or partial dismissal.

Conclusion: By adhering to the rule, Priya ensures that her claims are considered on their merits, reducing the risk of procedural setbacks.

Example 3: Family Law Case with Multiple Reliefs

Introduction: Anjali files for divorce and seeks (1) custody of her child, (2) alimony, and (3) division of marital property.

Application: According to Section 55, Anjali must file separate applications for each relief unless they are consequential. Custody, alimony, and property division are distinct issues.

Outcome: The court may require Anjali to file separate applications for each relief to ensure focused consideration. Non-compliance could lead to procedural inefficiencies or dismissal of combined claims.

Conclusion: By filing separate applications, Anjali ensures that each aspect of her case is thoroughly examined, facilitating a fair legal process.