Rejection of Suit C
Chetan
(Querist) 05 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.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.
Devajyoti Barman
(Expert) 05 November 2010
Mere wrong or false information through e-mail does not entitle the defendant the right for rejection of plaint. You go ahead fighting the case on merit ignoring such trivialities.
R.R. KRISHNAA
(Expert) 05 November 2010
Dear Chetan
A plaint can be rejected only on the grounds stated under Order 7 Rule 11 and not otherwise.
Best regards.,
Devajyoti Barman
(Expert) 05 November 2010
I did not notice earlier that you posted the same query yesterday. Please do not repeat the same query time and again .
adv. rajeev ( rajoo )
(Expert) 05 November 2010
It doesn't make much difference, you file your WS. When the case is posted for evidence if the plaintiff remained absent continuously the suit will dismissed for want of prosecution
Ms. Khushnuma Khan
(Expert) 05 November 2010
In view of the replies posted, the query considered resolved and the querist to proceed with filing of the Written Statement if not done yet, inasmuch as the ime limit for filing of WS is limited and in case of default the suit may proceed ex-parte agaisnt the Defendant for want of defence.
Rgds,
Khushnuma
Khaleel Ahmed Mohammed
(Expert) 06 November 2010
Nothing to be added to Ms.Khushnuma Khan.I appreciate for her expert advise.
R.Ramachandran
(Expert) 06 November 2010
Mr. Chetan had earlier raised the same query under the caption 'Rejection of Plaint' see http://www.lawyersclubindia.com/experts/Rejection-of-Plaint-128176.asp
where the thread was sufficiently answered.
I do not understand why such questions are being posted in different threads.
I think in future, before answering the question, we have to get into the profile of the person and see whether any other thread has been opened for the same/similar query and then discourage such queries in another fresh thread.
Devajyoti Barman
(Expert) 06 November 2010
Yes , I also try to discourage people from making repetition in posting queries.
