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BHASKARA SASTRY (advocate)     19 August 2021

several times return

hallo sir, a plaint filed in our court. the same was returned by a objection ,the same is complied next time a new issue came into light return the same was complied this was happened in several times multiple objection each and every time now the court return my plaint what is the course I have left? all objects have to take single time?


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 10 Replies

Pradipta Nath (Advocate)     19 August 2021

Need to go through the plain and the objections as well. In case you are comfortable message in my private mail box, Please.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 August 2021

There should be a statement regarding the jurisdiction of the court. The plaint must contain all facts that point out the pecuniary or territorial jurisdiction of the court. The value of the subject matter of the suit must be stated properly in this part of the plaint. Statement regarding minority.

G.L.N. Prasad (Retired employee.)     19 August 2021

Surprisingly, you can personally discuss the issue with concerned that is responsible for the admission of plants and can correct those mistakes immediately right before him.  Can you post the objections raised by the concerned while rejecting the plaint for such corrections date-wise as no meaningful guidance can be given?

Normally the verification is done for the cause of action, limitation period, court fee, jurisdiction, and prayers only.

BHASKARA SASTRY (advocate)     19 August 2021

I heard that all objections have to took at a single point of time?

G.L.N. Prasad (Retired employee.)     19 August 2021

What you have required is guidance and the focus is on the admission of the suit.  The presumption is that the concerned is new to his job, and getting advice from others, as they approach advocates and others for guidance.  What are the objections to inform the forum of the dates and such reasons for rejection right from the date of filing.  Rejection is not a shameful thing and usual and even those filed by AGs may be returned for making corrections.  Young persons learn from mistakes and these rejections teach many lessons to young professionals to be careful in the future on those issues.  No there may be a laid down order that all objections should be at a go, we can not reach the concerned and educate him on the minimum necessity of reading the plaint in-depth and recording all objections at a go.  We can only correct the plaint any number of times as we are responsible to the client and getting admitted is our duty.

P. Venu (Advocate)     19 August 2021

Who is returning the plaint? The Registry or the Court?

Dr J C Vashista (Advocate)     20 August 2021

What is the objection raised by the court for return of plaint ?

BHASKARA SASTRY (advocate)     20 August 2021

partition suit death certificate s of parents and family members certificate. very unfortunate all documents kept with dependent brother. revenue official not cooperative now defendent bother want to sold out property

G.L.N. Prasad (Retired employee.)     20 August 2021

I have seen several partition suits, and at no time the court demanded such death certificates of parents and family members' certificates.  Why don't you contact the concerned District Judge and inform the inconvenience and what prevented you in obtaining an injunction and public advertisement against such a sale etc.  You might have worked with a senior in the same place, have you requested his guidance.  Have you checked the old pending partition suits as to whether such certificates were enclosed to plaint in all such cases or not.  Something weird Mr.Sastry.  Let your client make a complaint in his personal capacity to the HC Registrar General enclosing such xerox copies of rejection notes for all such rejections.

Wait for practicing advocates in AP to respond to your query.

BHASKARA SASTRY (advocate)     21 August 2021

prasadji in my 15 years of professional practice I never ever faced this. some senior also facing the same.

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