Letter of Subrogation for filing a suit.
venkatkrishna
(Querist) 12 August 2010
This query is : Resolved
I would like to hear from you experts. I am having specific question on maintainability of the suit.
Brief facts:
Insurance Company filed a suit under subrogation of rights without filing the letter of subrogation. on 15/6/1999 the suit was filed. No leave of court sought for filing the said suit without Subrogatin letter. On 20/12/2001 Evidence took place and PW marked some originals. But the Letter of Subrogation was not marked. The back dated Letter of Subrogation i.e 14/6/1999 was filed with a memo on 8/8/2003 and recalled the PW and marked as exhibit.
Pl tell me the filing of the suit on 15/6/199 without letter of subrogation is maintainable ? subsequent filing of the same after 3 - 4 years will give any legal right and the maintainability of the suit is effective. ( it seems the Letter of subrogation was prepared with back date and to getrid of the defective suit.)
s.subramanian
(Expert) 12 August 2010
you ought to have sought the rejection of plaint under or 7 rule 11 of cpc on the ground that the suit itself is not mainatainable inview of the absence of the letter of subrogation. now they have taken unndue advantage of the time gap to prepare a letter of subrogation and filed it. you now deny the truth and validity of that letter vigorously. you shall succeed. goodluck.
