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Queries Participated

rahul   14 January 2016 at 17:46

Limitation act

Respected Sir,

Fresh suit has been filed by plaintiff & earlier suit was withdrawn with liberty to file fresh. Article 59 & 65 & section 14 of limitation Act is applicable. Before numbering the suit court registrar had taken the objection of limitation & thereafter Plaintiff satisfied the court on the point of limitation. Court recorded that suit is prima facie is in limitation.
Now defendant asking to frame preliminary issue on limitation & if preliminary issue of limitation is framed then who is responsible to prove that suit is in limitation ? Is it plaintiff or Defendant ? Plaintiff has already proved to the court that suit is not barred by limitation by virtue of section 14 of limitation.

rahul   13 January 2016 at 14:58

Order 7 rule 6

Sir,

Plaintiff has withdrawn earlier suit with liberty to file fresh suit on the same cause of action.

While filling fresh suit, Plaintiff has not claimed the benefit of section 14 of limitation act in plaint but has mentioned that this is a fresh suit. But after filling the suit registrar had taken the objection of limitation for fresh suit & had asked to satisfy to the court on point of limitation & accordingly plaintiff filed application under section 14 of limitation act & claimed benefit of section 14 & court allowed & saying that prima facie suit is in time ordered to registrar to register the suit. Thereafter court gave number.

Now defendant has objection of limitation & requested to court to frame preliminary issue on point of limitation.

is it necessary for the plaintiff to amend the plaint to specifically state grounds of section 14 ?


rahul   09 January 2016 at 21:35

Abatement

Sir,

This is a fresh suit filed after withdrawing earlier suit with liberty to file fresh suit.

In earlier suit there were three defendant A, B, C.
D & E are the legal heirs of A.

After serving writ of summons in earlier suit, Plaintiff came to know that Defendant A has died & hence while filling affidavit of service, Plaintiff advocate informed to the court that Defendant A has died & Plaintiff advocate asked for time from court to file Chamber summon to bring legal representative of A on record & court gave the time for the same. This is a point 1

Thereafter Plaintiff could appoint lawyer due to financial problem & hence court appointed lawyer from legal aid.

Lawyer from legal aid file chamber summon for deleting the name of Defendant A. (but not for bringing D & E legal representative of A on record). Court allowed the chamber summons but legal aid lawyer did not make changes in the plaint by remaining absent. There is no careless on the part of plaintiff as plaintiff on time to time present before the court.

Finally court kept the matter for evidence as plaintiff failed to carry out amendment even after allowing chamber summons.

Thereafter new lawyer was appointed from legal aid & new lawyer informed to the court that earlier lawyer failed to take proper steps & applied for withdrawal of suit with liberty to file fresh suit. This is a point 2.

There is a gap of 3 years in point 1 & 2. During this 3 years chamber summons was pending.

Court allowed to withdraw suit with liberty to file fresh suit & observed that ''perusal of record would reveal that the advocate for the plaintiff had not taken proper steps and in such circumstances, it will not be justiciable to throttle the grievance of the petitioner without adjudicating it in accordance with law & as such I allowing the application’’.

Thereafter plaintiff filed fresh suit making D & E (legal heirs of A) as defendant.

But advocates for D & E claiming that fresh suit is not maintainable against D & E because earlier suit is abated against A as Plaintiff failed to bring D & E on record in earlier suit & hence plaintiff can not make D & E defendant in fresh suit in place of A.

Is it right that Suit is abated against A ?
Pleas Guide.
Sorry for long query

rahul   23 December 2015 at 12:06

Interrogatories

Respected Sir,

There are more than one defendant. other defendant have file ws.

but one defendant did not file WS in time & therefore on our application under o 8 r.1 & 10 court passed no WS order against Defendant. Thereafter also defendant is not bother about it and not interested in filling WS.

But we want information of fact & document from him which is material for the suit.

Can i file application for interrogatories & production of document ?

rahul   23 October 2015 at 20:26

Writ petition

Respected Sir,

I have to file writ petition in respect of RTI for compliance of order of SIC.

1. Is it compulsory to make state government as party along with SIC ?

2. Whether notice under section 80 cpc required to be given to SIC ?

Thank you.

rahul   08 October 2015 at 13:58

Interrogatories & admission of fact

Respected Sir,

What is the fundamental difference between O. 11 R. 1 & O. 12 R. 4 ?

Because I can get admission or denial of fact in both of them.

I am planning of filling application for interrogatories where I am expecting admission of fact or denial through question. My perception is that if court gives permission to file interrogatories then court will refuse the permission to admission of fact (O. 12 R. 4). & if I ask for permission to admission of fact (O. 12 R. 4) & it is give by the court then court will refuse the permission for interrogatories.

I want to make use of both of them. Whether prior permission of cour is needed to issue notice under O. 12 R. 4 to admission of fact ? What is the procedure to make use of both provisions.

Thank You.

rahul   06 October 2015 at 21:24

Written statemnt

Respected Sir,

In a written statement, Defendant has neither admitted nor denied the certain fact alleged against him.

This means that he has admitted those Fact ?

Thank you.

rahul   05 October 2015 at 21:07

Notice to admit documents under o 12 r 2

Respected sir,

Can i serve notice to defendant to admit documents without the leave of the court.

Defendant has filed written statemnet.

Thank you

rahul   04 October 2015 at 20:53

Order xi rule 16 & order 12 rule 8

Respected Sir,

What is the difference between notice to production of documents under above two provisions ?

Thank you.

rahul   16 September 2015 at 13:31

Interrogatories

Respected Sir,

I had to submit interrogatories to be answered by other party to the court for the leave of the court but court was busy on hearing argument & hence hearing has been scheduled six weeks later in November.

Three option are available with me.

1. Submit the interrogatories to the court for its leave before six weeks by way of urgent application & then serve interrogatories to other party answerable in November.

2. Serve interrogatories to other party first answerable in November & then submit interrogatories to court in November for its approval.

3. Wait till November & then submit interrogatories to the Court for its leave.

What is the best option for me. I do not want to waste this time.

Thank you