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prem kumar (business)     30 October 2010

Absence of legal notice

Plaintiff filed an ejectment suit under Transfer of property act 106. At the time of filing the suit,legal notice was not entered in the list of documents. At the time of plaintiff's evidence, legal notice marked as exhibits. I want to know whether the case is maintainable or not?

Please advice



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 5 Replies

prem kumar (business)     30 October 2010

Plaintiff filed an ejectment suit under Transfer of property act 106. At the time of filing the suit,legal notice was not entered in the list of documents. At the time of plaintiff's evidence, legal notice marked as exhibits. I want to know whether the case is maintainable or not?

My question is, without legal notice how the suit was registered (numbered) ?

Please advice

Ajoy Gupta (Advocate)     30 October 2010

Dear mr. Prem, If in the plaint it is mentioned regarding the legal notice then it can be taken as exhibits

Rakesh Dubey (Advocate High Court Calcutta)     02 November 2010

if you mentioned in your petition and submitted before the court authorities and some who if it is missing from the annexure then you can take a leave and file the fresh and/ or pray before court for amendement of petition under cpc 

Sonaimuthu. S (Advocate)     03 December 2010

                         As per your details the suit is tenable. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 December 2010

If there is no pleading in the suit of notice the suit is not tanable.

Subsquent submission can be done only after amendment of pleadings which are now time barred.


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