Suit for recovery of money based on mortgage by deposit of title deeds
dheepak srinivasa
(Querist) 19 December 2012
This query is : Resolved
I had sent a legal notice on 10.3.05 for the total amount to be paid to me along with accrued interest failing which to dispose the land for which title deeds have been given to me by equitable mortgage.The property details was also provided
But in the legal notice I had not mentioned the date when this deposit of title deed had been made and place at which where it was given to me..
but in plaint filed on 30.03.05 all the details were given along with the property details.
But the judge dismissed the mortgage part this by saying that I have not provided the date and place of mortgage in legal notice and povided this for the first time in plaint filed.
Is the position taken by the judge correct?
if not correct the relevant provisions of CPC or judgments to help me.? Should every minor detail as in the plaint should be disclosed in the legal notice also?
Raj Kumar Makkad
(Expert) 19 December 2012
The approach of the judge is erroneous. The legal notice should not contain each and every thing to be mentioned in the plaint rather the major part of the contents of the issue should be got inserted therein. This is a fit case for filing the appeal and for the relevant citation, do visit www.indiankanoon.com
