Rejection of Plaint
Chetan
(Querist) 04 November 2010
This query is : Resolved
That in the suit for partition one of the plaintiff is residing at Toronto (Canada),The defendant had asked the said plaintiff through E-Mail whether he had filed any suit for partition against the defendant, the plaintiff reply that NO he didn’t. It means that the ohter plaintiffs had made duplicate sign of the said plaintiff.
Now the case is fixed for Written Statement
What remedy for me (Defendant)?
Whether to file the application for rejection of plaint on the basis of that E-mail. ?
Pls guide if any so that the suit can be rejected with heavy cost.
Uma parameswaran
(Expert) 04 November 2010
Petition to rejection of plaint can also file but at the same time you have to file written statment within the limitation period.
Raj Kumar Makkad
(Expert) 04 November 2010
Such reply on e-mail containing the denial of the plaintiff to file the case of partition is not a matter to the decided at this stage. The mentioned plaintiff residing now in Canada may speak lie in his reply to e-mail. If he refuses in the court about his signature on the plaint then your desire may be fulfilled. otherwise also there are other plaintiffs in the case and case may go on despite of dismissal of the suit on behalf of the mentioned plaintiff.
R.Ramachandran
(Expert) 04 November 2010
Are you aware whether the party in Canada has given any POA to anybody for instituting a Suit?
In any case is there any averment to this effect in the plaint?
If not, you can very well take a strong objection to the fact that the suit has not been instituted by proper party.
BUT SINCE YOU SAY THAT THERE IS THE SIGNATURE OF THE PARTY LIVING IN CANADA IN THE PLAINT, YOU CAN TAKE A PRELIMINARY OBJECTION IN THE WRITTEN STATEMENT TO THIS EFFECT ANNEXING A COPY OF THE EMAIL COMMUNICATION DONE BY YOU. Of course, there will be lot of issues cropping up there - for instance how to say that the email-id belongs to the same person who is supposed to be one of the plaintiffs to the suit; - whether the plaint was signed by him and if so when and where - if the verification has been done by him as being at the place shown in the verification - it has to be proved whether on that day he was in india or not etc. etc.
s.subramanian
(Expert) 04 November 2010
Yes. agree with Mr.Ramachandran.
adv. rajeev ( rajoo )
(Expert) 11 November 2010
When plaintiff has not filed any suit then wait for your turn. If plaintiff didn't come to lead his evidence suit will be dismissed for default, If anybody appears on the basis of GPA then you can cross examine him. Truth will come out and mail can be used as an evidence.
MANISH
(Expert) 16 November 2010
Dear friend,
Mr. Ramchandran is correct.
You may not file any application on basis of party under 7 / 11 for rejection of plaint.
