Mistake of fact by counsel and party
mahesan
(Querist) 06 March 2012
This query is : Resolved
My parties opposite party already filed suit againstmy party and my party admitted some important fact.the same was pending before highcourt.
In mean while my parties filed suit against some other parties and denied above admitted fact. My parties nor given previous particulres to his counsel at the time of filng the second suit. So other side filed rejection of suit. My party filed the amendment petition to remove denied portion
?
So my parties entitled any relief in the second suit?
Further What steps to take succeed in his case
Raj Kumar Makkad
(Expert) 06 March 2012
If the application is accepted and amendment is allowed then the case shall be decided on merits and otherwise also if the application is rejected even then the opposite party has got no right to get the plaint returned as the admission was made in a proceeding with some other party and not with him.
So far as steps are concerned, let join any of us as a lawyer to his case so that we may provide him professionally tips.
