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Jamai Of Law (propra)     12 November 2010

Rejection of Plaint: CauseOfAction contradicted in Petition

This is not a fictitious question. But a real scenario........

 

Cause of Action although mentioned in the petition, it is contradicted by the Petitioner in the Petition itself.

 

Cause of action is negated and contradicted (if Hon Court agrees to draw such inference accordingly) in the Petition itself.

 

This fact is already raised and brought to notice of the Hon Court, by the Respondent, at the time of 'framing of issues' and made request formally to draw such 'inference' to the Hon Court.

 

The Respondent's plea is that there is "no major issues" to be tried.... for the reasons that respondent didn't get opportunity to deny that fact  because petitioner itself has denied it before respondent could do so!!!

 

Should the Hon Court just reject the plaint? ......or

should the Hon Court dismiss the plaint with prejudice against the petitioner? because the Respondent is felt harrased by the whole suit and seek damages also.

 

In such a case, If the Petitioner's case is already become weaker due to above, Should  the Hon Court go ahead with the trial and decide on each remaining issue (Order 20 Rule 5) which are of secndary nature n the case?

 

The Petitioner is trying to stretch the case even after this happening as above

What are the pro and cons?



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 November 2010

File an application to reject the plaint on the basis of the ficticious cause of action, dont think about the streachng of the case of the plaintiff, you do your duty.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     13 November 2010

No rejection allowed and  those advocating it should give exact case details where it is done.

Unless you can make out case of admission in pleadings which are contradictory otherwise you have to face trial and demolish the theory of plaintiff in cross.

1 Like

Jamai Of Law (propra)     13 November 2010

Thanks @Shashikumar ji,

As always, I adore your views and opinions and it's always a value-adding experience to read your comments in the whole LCI forums and experts sections.

Thanks

vinod shinde (lawyer)     15 November 2010

i am agree with Mr. Rajoo, you just file an application under Order 7 Rule 11 for rejection of Plaint.  because there is no point to face the trial if there is no cause of action or fictitious cause of action. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 November 2010

Mr Vinod you agree is not sufficient pl quote exact case where it has happend.


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