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Saurabh (Legal Counsel)     09 August 2013

Non disclosure of cause of action

facts : Suit filed on a plaint based on cause of action dates stating alleged incidents.

In the supporting affidavit the date of attestation and verification is much prior to that of the alleged cause of actions dates. Meaning the plaintiff has filed a suit on false averments which on the basis of the date of the oath, verification and attestaion make the alleged cause of action to be false as nobdy can claim relief on future cause of actions.

Q. Is the O 7 R11 application maintainable and if yes how and if no why? Reasons ?

 

Q. If an O 6 R17 application is made to change  dates of cause of action arose Will it not change the whole plaint and cause of action?

 

Q. On these above facts does the plaint disclose the cause of action here? 



Learning

 2 Replies

surjit singh (Assistant)     09 August 2013

First of all when the plaint does not disclose any cause of action the court of his own can dismiss the petition, but this does not means that the plaintiff cannot file a fresh suit.

Secondly there is ample scope for amendment of the plaint which can be done at any stage of the trial, by taking leave from the court.

Advocate Bhartesh goyal (advocate)     09 August 2013

Mentioning date of cause of action wrongly is simply a typing error and that can be rectified by amendment in plaint.


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