Other cause of like nature
krishna
(Querist) 21 January 2015
This query is : Resolved
Respected Members,
Please explain whether
1. Non - Joinder of necessary parties,
2. typographic mistakes in plaint
3. insufficient information of fact given in the suit
can be regarded as other cause of like nature for getting benefit of section 14 of Limitation Act in fresh suit when earlier suit was withdrawn with permission to file fresh suit on the same cause of action.
Reason for withdrawal mentioned in the application - Non joinder of necessary parties.
Please reply.
Thank you
venkatesh Rao
(Expert) 21 January 2015
1. No,does not entitle for withdrawal. You may go in for amendment of plaint for joinder of parties.
2. It is not at all aground. you may seek for amendment of plaint.
3. It is not a ground. The other side may seek better particulars u/o 6 r 12 of CPC.
krishna
(Querist) 21 January 2015
Thank you Venkatesh Rao Sir,
Suit was proceeded ex - parte & attempt was made by plaintiff to amend the plaint by chamber summons & chamber summon was allowed by court but Plaintiff could not make necessary changes in the plaint due to the absence of lawyer & suit was proceeded for evidence & thereafter it was withdrawn with permission of the court to file fresh because of non - joninder of parties.
Now the question is
1. Whether plaintiff is eligible to get benefit of section 14 of limitation act in filling fresh suit ?
2. Whether non - joinder of parties in earlier suit can be regarded as other cause of like in nature to get benefit of section 14 of Limitation Act ?
Please reply
Thank You.
Devajyoti Barman
(Expert) 21 January 2015
This place is not meant for giving tuition. Please ask your teacher or read book carefully.
krishna
(Querist) 23 January 2015
Barman sir, this is not a academic query. Please reply. Thank you.
