Notice to admit facts
Vijay Kumar
(Querist) 06 December 2010
This query is : Resolved
In the suit for maintenance, wife wants that the charge be created on the property of her husband(defendant).She has to prove her husband's ownership over it.
As the property is situated 500 KM away, she is not in position to procure the record of it for proving the same in court.
Can ORDER 12 Rules 4,5 be helpful?
If yes,whether this "notice to admit facts" is to be given directly by post or it is to be given thruogh court?
JT Rajasuriya, Chennai
(Expert) 07 December 2010
Yes, it should be helpful.
Notice can be given either way, but it's better if given thro' court.
Y V Vishweshwar Rao
(Expert) 07 December 2010
Serve the Notice on the Advocate for the Respondent , require him to admit the ownership of the property , its value , his Income , all facts which have to be admitted / -- admitted facts /things - The Facts which are not admitted have to be proved , by collecting the Evidence /Record it will be time taking and costly and put on notice that any fact which is not admitted , on production of records and proof , the respondent is liable to pay cost of the proof and costs of records and all incidental charges thereof .
Khaleel Ahmed Mohammed
(Expert) 07 December 2010
I have different opinion. You are advised to file a petition before court under section 421 of cr pc for attachment of the property of husband.
Advocate. Arunagiri
(Expert) 07 December 2010
I agree with Mr.Rao. 421 is applicable for fines only.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 December 2010
But basic problem stated is where is the property, without records how you can file any case or attach it.
