Can maintainability of a lawsuit be a ground during hearing

Kolkata advocate (Advocate) 14 December 2018

If opposite party denies to answer very crucial answers in court after participating the court trial for almost a year just to evade questions that leads to serious criminality, can he claim he is not bound to answer because the case is not maintainable in thus civil court? Can he escape like this? What about the purguries he did meanwhile by submitting false replies already in that court? By the way the suit for unfair trade practice is maintainable in consumer court as per recent supreme court judgement..what do u suggest..the section 17 sarfaesi case opposing 13(4) sarfaesi proceedings followed by bank has been filled by borrower also pending in drt.

Kolkata advocate (Advocate) 14 December 2018

If opposite party denies to answer very crucial answers in court after participating the court trial for almost a year just to evade questions that leads to serious criminality, can he claim he is not bound to answer because the case is not maintainable in thus civil court? Can he escape like this? What about the purguries he did meanwhile by submitting false replies already in that court? By the way the suit for unfair trade practice is maintainable in consumer court as per recent supreme court judgement..what do u suggest..the section 17 sarfaesi case opposing 13(4) sarfaesi proceedings followed by bank has been filled by borrower also pending in drt.

kaushikbhadra 14 December 2018

Firstly the suit has to be maintainable in the Court concerned otherwise anything said or done in and regarding the said suit will have no consequence.

kaushikbhadra 14 December 2018

Cases for unfair trade practice has been maintainable in Consumer Court since a very long time. Consumer Courts provide an easy and efficient way for speedy disposal of cases. File a case u/S 12.

Kolkata advocate (Advocate) 14 December 2018

Firstly as per supreme court judgement by Ranjan gogoi ... Section 13(4) proceedings matter is barred in any civil court or forum..but this case was not for sarfaesi ..borrower filled the suit for unfair trade practice..and filed another suit few months later in Drt for false NPA... How can opposite party claim the unfair trade practice has no maintainability in consumer court as sarfaesi is instituted.. Moreover they gave false statements in various questions in writing reply to complaints questionnaire..and now trying to escape at last stage..is pergury allowed and has no effects even if the case is not maintainable..??? (Though Sc judgement says otherwise)

Kolkata advocate (Advocate) 14 December 2018

Firstly as per supreme court judgement by Ranjan gogoi ... Section 13(4) proceedings matter is barred in any civil court or forum..but this case was not for sarfaesi ..borrower filled the suit for unfair trade practice..and filed another suit few months later in Drt for false NPA... How can opposite party claim the unfair trade practice has no maintainability in consumer court as sarfaesi is instituted.. Moreover they gave false statements in various questions in writing reply to complaints questionnaire..and now trying to escape at last stage..is pergury allowed and has no effects even if the case is not maintainable..??? (Though Sc judgement says otherwise)

Kolkata advocate (Advocate) 14 December 2018

Firstly as per supreme court judgement by Ranjan gogoi ... Section 13(4) proceedings matter is barred in any civil court or forum..but this case was not for sarfaesi ..borrower filled the suit for unfair trade practice..and filed another suit few months later in Drt for false NPA... How can opposite party claim the unfair trade practice has no maintainability in consumer court as sarfaesi is instituted.. Moreover they gave false statements in various questions in writing reply to complaints questionnaire..and now trying to escape at last stage..is pergury allowed and has no effects even if the case is not maintainable..??? (Though Sc judgement says otherwise)

Kolkata advocate (Advocate) 14 December 2018

Firstly as per supreme court judgement by Ranjan gogoi ... Section 13(4) proceedings matter is barred in any civil court or forum..but this case was not for sarfaesi ..borrower filled the suit for unfair trade practice..and filed another suit few months later in Drt for false NPA... How can opposite party claim the unfair trade practice has no maintainability in consumer court as sarfaesi is instituted.. Moreover they gave false statements in various questions in writing reply to complaints questionnaire..and now trying to escape at last stage..is pergury allowed and has no effects even if the case is not maintainable..??? (Though Sc judgement says otherwise)

Kolkata advocate (Advocate) 14 December 2018

Firstly as per supreme court judgement by Ranjan gogoi ... Section 13(4) proceedings matter is barred in any civil court or forum..but this case was not for sarfaesi ..borrower filled the suit for unfair trade practice..and filed another suit few months later in Drt for false NPA... How can opposite party claim the unfair trade practice has no maintainability in consumer court as sarfaesi is instituted.. Moreover they gave false statements in various questions in writing reply to complaints questionnaire..and now trying to escape at last stage..is pergury allowed and has no effects even if the case is not maintainable..??? (Though Sc judgement says otherwise)

Kolkata advocate (Advocate) 14 December 2018

Firstly as per supreme court judgement by Ranjan gogoi ... Section 13(4) proceedings matter is barred in any civil court or forum..but this case was not for sarfaesi ..borrower filled the suit for unfair trade practice..and filed another suit few months later in Drt for false NPA... How can opposite party claim the unfair trade practice has no maintainability in consumer court as sarfaesi is instituted.. Moreover they gave false statements in various questions in writing reply to complaints questionnaire..and now trying to escape at last stage..is pergury allowed and has no effects even if the case is not maintainable..??? (Though Sc judgement says otherwise)

Dr J C Vashista (Advocate) 15 December 2018

Answering or maintaining silence for a question by witness is his/ her decision, none can compel.

If the witness is not answering your question (which must be relevant to the case, on facts / documents) it would go against the party getting deposition of that witness and shall benefit your case at the time of arguments.

Can maintainability of a lawsuit be a ground during hearing

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