Distorted and misrepresentation of 'facts in issue'
Querist :
Anonymous
(Querist) 21 March 2011
This query is : Resolved
There is an instance of Distorted and misrepresentation of 'facts in issue' by plaintiff.
If defendent explicitly raises plea of 'affirmative defense' that facts re misrepresented. also moves court for strike off the pleadings as well as dismissal of petition
I am confused that:
Can it be called as 'affirmative defense' in the first place?
My understianding is that only apologetic/incidental excuses and justification is called 'affirmative defense' where there is no mens rea.
Also, should/could the defendent get some damages or compensation? Is there any pecuniary limit on compensation?
R.Ramachandran
(Expert) 22 March 2011
Please do not try to get over worked. If the facts stated in the plaint are according to you wrong, better say so with your facts and figures in your written statement. More than this, there is nothing to the matter. Therefore, the question of damages, compensation etc., are out of question. Probably you are living in some other drean world.
