NOTICE OF MOTION
Santosh Maske
(Querist) 22 July 2011
This query is : Resolved
SUIT FILED FOR DECLARATION AND INJUNCTION IN CITY CIVIL COURT I AM APPERING FOR DEFANDANT
AFTER RCIVING SUMMONS TO ANSWER PLAINT I APPEARED IN MONTH OF MAY AND REQUESTED TIME TO FILE WS IT WAS GRANTED FOR 4 WEEKS AND IN THE MONTH OF MAY THERE WAS VACATION TO COUT MATTER WAS ADJOURNED TO BEYOND VACATION IN MONTH OF JUNE ON 17JUNE 2010 ON SAME DAY I COULD NOT REMAIN PRESENT AND THE ORDER OF NO WS WAS PASSED AND MATTER WAS ADJOURNED TO 15TH JULY ON THAT DAY I ATTENDED AND WAS TENDERING WS COURT SAID NO WS ORDER IS PASSED YOU CAN NOT TENDER IT AND MATTER WAS ADJOURNED TO 16 TH AUGUST
ON 16 TH AUG I FILED NOTICE OF MOTION FOR RECALLING ORDR OF NO WS IN WHICH I HAVE MENTIONED WRONG DATE BY MISTAKE . ON THE SAME DAY PRESIDING JUDGE REJECTED MY NM FOR THE SAID REASON NM WAS NOT REGISTERED
NOW MY QUESTION IS THAT
WHETHER I CAN FILE FRESH NM BEFORE SAME COURT FOR SAME RELIF AS PRAYED EARLY PLEASE ANSWER
prabhakar singh
(Expert) 22 July 2011
WHETHER I CAN FILE FRESH NM BEFORE SAME COURT FOR SAME RELIF AS PRAYED ?????????????
YES YOU CAN, EXPLAINING ALL FACTS BY AN AFFIDAVIT U/S 151cpc
valentine thakkar
(Expert) 23 July 2011
O VIII R 1 : The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence...but which shall not be later than ninety days from the date of service of summons.
This being the statutory provision, you may decide whether U r entitled to present the WS at a later date.
