Are you facing a threat to your rights? Do you need a quick solution to protect your interest? Order on petition is the perfect solution for you! What is an order on a petition?A judicial tool that allows you to obtain a court order without having to go through the entire court process. When can you request an order on a petition?• To protect your right: such as preventing the sale of a property or stopping the destruction of money. • To prevent harm: such as preventing someone from entering a property or spreading misleading information. • To compel someone to do something: such as forcing someone to hand over money or perform a contract. What are the conditions for requesting an order on a petition?• There is a legal reason: Your request must be justified by law. • Potential harm: actual harm to you if the order is not given. • There is no other solution: An order on a petition is the only solution to protect your right. What are the steps for requesting an order on a petition?1. Writing a petition: It includes information about you and your opponent, the right you want to protect, the type of order requested, its reasons, and supporting documents. 2. Payment of fees: Fees for submitting the petition to the court. 3. Presenting the petition to the judge: The judge studies the petition and documents, and listens to you if necessary. 4. Issuing an order: If the judge is convinced of your point of view, he will issue an order that requires your opponent to take action or prevents him from performing a specific action. Important Notes:• Right to grievance: Your opponent can grieve the order in court. • Exceptions: An order is not issued on a petition in some cases, such as personal status and bankruptcy cases. Where to file an order on a petition:• By visiting the court’s service centers (Enjaz) • A specialized lawyer What the law says:Article (140)– In circumstances where a party has grounds to seek an order, he shall submit a petition with an application to the competent judge or to the president of the division trying the action; such petition must be in two copies and must contain the facts and grounds of the application, and the domicile and place of work of the applicant, and must specify his elected domicile in the State if he does not have a domicile or place of work therein, and the supporting documents shall be attached to the petition. – The judge or the president of the division as the case may be shall make his order in writing on one of the copies of the petition no later than one day following the submission thereof; it shall not be necessary to state the reasons on which the order is based unless it goes contrary to an order earlier issued, and in that event the reasons for the passing of the new order must be stated, failing which it will be void, and such order will be recorded in a special minute or in the court record. – The order shall be executed by letter issued by the judge or the president of the division as the case may be to the person concerned, and the petition shall be kept on the case file. – An order made on petition shall lapse if it is not submitted for execution within 30 days from the date of issue, and such lapse shall not preclude the making of an application for a new order.
Article (141)1. An applicant whose application for an order has been dismissed, and a respondent and person concerned against whom an order has been made, shall have the right to bring a grievance before the judge or the president of the division who issued the order, as the case may be, unless the law provides otherwise, and the consideration of the grievance shall not preclude the continuation of the original action before the court. 2. The grievance must be submitted with reasons. 3. The grievance must be submitted independently or as a subsidiary matter in the original action, through the procedures for bringing interlocutory applications. 4. An order shall be made on the grievance upholding, varying or cancelling the order, and such judgment shall be appealable through the normal channels of appeal. Article (142)1. A grievance against an order shall not suspend the execution thereof. 2. Nevertheless, the court or the judge may order that execution be suspended temporarily in accordance with the provisions of article 234. Feel free to protect your rights! A petition order is a powerful and effective tool to protect your rights in Abu Dhabi. Contact Capital Control Business Services Center today to learn more! |