Civil suite
Sukrit Kumar
(Querist) 21 July 2016
This query is : Resolved
Dear Sirs,
Be kind to tell me if no objections regarding registration under section 69 of Indian Partnership Act, Limitation Act & Jurisdiction have not been been raised by the defendant in the written. Can he raise at a later stage (say after 8 years).
Will this be admitted by Court of Law. If not, please send me reference of Supreme Court or any High Court Judgments.
Reference:
Book named "Law of Partnership" in Chapter VII Para 33., the following.
Plea based on Section 69. not raised in written statement : If the plea had not been raised in the written statement, it would not be allowed to be raised at a later stage in the proceedings.
Thanks & Best Regards.
Devajyoti Barman
(Expert) 22 July 2016
Since no registration of farm is something which goes to the root of the case, such laches does not waive the right of the other party to raise maintainability at this stage, even by way of amendment of pleading.
Rajendra K Goyal
(Expert) 22 July 2016
Full case file, all related documents need to be referred, discuss with your lawyer.
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
Advocate Bhartesh goyal
(Expert) 22 July 2016
Legal objections can be raised at any stage of the case, even court can also take suo moto notice of such objections.
