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Deekshit Kumar (private)     02 January 2024

Wrong prayer in plaint

Hi Sirs & Mesdames

Request you to please clarify the below legal situation.

1. Plaintiff filed Suit for Permanent Injunction filed on X property (given to Defendants by their father by two gift deeds.)
2. Plaintiffs  filed another suit for Cancellation of Two Registered gift Deeds with "one fabricated sale deed" of above-said X property.
3. Issues framed or whether Two Registered Gift Deeds are fradulent and to be cancelled or not.
4. Both suits clubbed and joint trial is going on.
5. Current stage is Plaintiff evidence completed and now Defendant No.1 cross is going oin.

Now, 
1. Whether application for adding additional issues be made asking for "That Plaintiffs have no locus standi to file cancellation of Registered Gift deeds.

2. Can rejection of plaint be filed taking preliminary objection that Suit is not maintainable as there is no locus standi for plaintiffs to ask for cancellation of regd gift deeds.

Thanks in advance

Deeksh*t



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     03 January 2024

Such issues should have been taken before the beginning of trial 

Now it will be considered as filling up lacuna hence the court may not entertain the application for amendment.

2. Even the rejection of plaint application will not be maintainable because it is a matter of trial.

 

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