plaint without prayer part
Pardeep Kumar
(Querist) 13 July 2014
This query is : Resolved
R experties
If a plaint presented in the court in which prayer part is missing. Can court allowed to amend the plaint and add prayer or court will dismiss that suit.
Devajyoti Barman
(Expert) 13 July 2014
File petition under order 7 rule 11 for rejection of plaint.
Pardeep Kumar
(Querist) 13 July 2014
Barman sir. I don't wants to reject plaint boz I m from plaintiff side. Plz suggest me to how can add prayer subsequently .
ajay sethi
(Expert) 13 July 2014
how can you file suit without claiming any reliefs ? even if you make an application for amendment of plaint defendant would definitely object .court may dismiss your suit
Anirudh
(Expert) 13 July 2014
1. Please indicate what is the suit for - specific performance / permanent injunction / declaration / possession etc. etc.?
2. Please indicate as to when did you file the suit?
3. Suit is at what stage - i.e. whether in admission stage or what?
4. Did you get any interim relief?
5. Whether the suit had come for hearing previously or it is coming for hearing for the first time only now.
Pardeep Kumar
(Querist) 13 July 2014
Anirudh sir. The suit is for PPI and filed on 3/4/14 . Interim relief granted as status quo . Defendant filed WS on 12/7 after about 100 days from the services.
I objected the WS that it is filed after 90 days but court on last order gives final opportunity to defendant fr filing ws.
Now I thaikn to file application for not place on record WS as filed after 90 days and defendant did no condoned the time by fileing application for condonation of delay.
In preamble part I write. Suit fr PPI restraning the defendant form raising any sort of construction on the land of plaintiff........... .........further any other relief to which plaintiff found entitle may also be granted........ value for purpose of court fee jurdictin........ but unfortunately in last prayer part is missing.
Anirudh
(Expert) 14 July 2014
Do you mean to say that in your suit, the prayer relating to "any other relief..." portion is left out, BUT prayer for other main reliefs are there.
V R SHROFF
(Expert) 14 July 2014
Interim relief already granted.
WS will be condoned for delay, with minor cost.
TRY APPLY AMENDING IT..
