Lakshmi (service) 17 September 2009

Registry of High Court

If a suit is filed in the Delhi High Court and the supporting papers filed with the plaint are just opposite to what is stated in the plaint.

A case for the recovery of money is filed and Statement of Account as a proof has been attached. The statement says that the money is payable by the plaintiff to the respondent rather that plaintiff demanding the money.

Registry accepts the papers and court issues the notices.

What is it??? Is it contempt of Court by the Registry people who have mislead the Court to issue the notice?

Is it contempt of Court by the plaintiff who have sworn on affidavit that the papers filed with the Court supports the plaint?

Is it just a technical mistake which a Court should just overlook and proceed with the normal business of issuance of notices and replies and counter replies etc. when there are lakhs of cases are pending or disposal?

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 September 2009

if any technical mistakes, plaintiff can make afresh affidavit & submit after penalty paid.

Lakshmi (service) 29 September 2009

Dear Mr. Ramachary,

Submission of relevant and correct papers for filing a suit is a sacroscent task or just a casual work which can be said to be a technical mistake?

I feel that technical mistake can be like filing suit under some wrong provision of law, etc. But filing of a wrong affidavit or some irrelevant papers which are crucial for suit can not be said to be a technical mistake.

It this type of mistake can be treated like technical mistake then the reason for huge back log of cases is clear. It means that a case can be filed without any relevant papers and the other party can be harassed for years. At last the court will impose a small penalty or cost but the life of oponent will be traumatised.

Please elaborate.