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RS (PA)     19 March 2014

Adding new ground or incdent after 4.5 years

can a new ground or incident be added in plaint after 4.5 years of petition

Case details : petition filed in court in year 2006 between X and Y say Pet A , aonther petition filed in 2007 by respondent say Pet B

Petition filed , WS filed , Evidence filed , respondent's cross completed in 2010 in both petition

petitioner submitted evidence in 2008 for A and B , claim affadavit in 2009 for A  . 

an Incident occurs in 2011. petitioner X files additional CA for petition filed in 2007 and adds the incident of 2011 in CA just to mislead the process. averments of  X the said incidents demolished by Y during argument

both the petitions decided in favor of respondent and court did not take into account the incident details in judgment

X aggrived by petition filed appeal in HC and makes the incident of 2011 as one of the ground apart from other grounds.

can such incidents be allowed to be added .?? if not then under which section the respondent has right to object the admission of such incident

which section of civil law bar an event or averment to be added to the petition if the said event has happend after the prolonged duration of liitgation.

what remedy does the respodent have ? can respondent challange addtion of such incident that has firstly no relationship to averments made in petition and WS

secondly the averments made regarding the incidents have been anywhich ways demolished in arguments. it is just that the court in its final judgement did not take into account the averments and its details

 

 

 

 

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     21 March 2014

Consult your lawyer with the papers and facts for proper advise according to the circumstance.


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