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SRINIVAS KOTAMMRRI (SERVICE)     25 January 2018

Change in plaint name in high court

Dear Sir,

My wife filed 498A and Maintanance case on me and partition suit on behalf of my minor son  on me and my family.  After prologed  trail 498A case was dismissed and in the maitanance case the court ordered me to pay Rs.2,000/- to my wife and Rs.3,000/- to my son.  The partition suit was dismissed due to technical reasons i.e. non joinder of all necessary parties.

The trail court order in partition suit was challenged by my wife in High Court and the same is pending at High Court.  The case now is not even listing. Now my son completed 18 years.  

I would like to know the following information from the experts.

1. Is there any time limitation for change in plaint name in the suit pending at High Court ( i.e. in my sons name as he attains majority).

2.What happens if the plaint name was not changed for two years and the case was not listed for two years. 

3.Technically is it a ground for dismissal of the suit after two year for not changing the name.

Please advise.

SRIDHAR

 

 

 

 



Learning

 3 Replies

R.K Nanda (Advocate)     25 January 2018

it is 90 days .

SRINIVAS KOTAMMRRI (SERVICE)     25 January 2018

Originally posted by : R.K Nanda
it is 90 days .

Thank you sir for your reply. Can you please give answers to all my three questions.

Sridhar

 

 


(Guest)

As your son has attained majority during pendency of pleadings, file a supplementary/supplemental affidavit u/Section 151 of Civil Procedure Code before the High Court where case pending. Mention all details of your previous affidavit(s) that you have filed in the court till now. Your supplemental affidavit should contain following particulars:

  1. Name of High Court 
  2. Your full name &other basic information (e.g. address/occupation/alias etc.)
  3. Details of proceedings against you. Do not make the 
  4. Other relevant particulars (e.g. whether any case is pending against you in any court etc)

I agree with my Ld. Advocate brother RK Nanda ji on limitation period specified by him; i.e. within 90 days' limitation time. 

With reference to your last query, even if the case is not listed for hearing, you are under liablility to change your son's name within the limitation period abovementioned by Nanda ji. 

For further queries, you may please contact me at: basu_kunal@hotmail.com. I will be more than happy to advise you on your legal issue.

Regards

Advocate Kaybee

 

      

 


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