Time barred statements in loa and typed document relied
TRIBHUVAN PUROHIT
(Querist) 20 September 2011
This query is : Resolved
Dear Sir
This is regarding time barred statements and typed document instead of xerox copy of the original relied in the petition.
kindly see the brief as below and elaborate in depth.
The statement of accounts relied in the letter of acknowledgment are time barred, not only that the statement of accounts are hand written and there is a totaling mistake also.
The xerox of original LOA is clearly visible but the typed copy was relied by the Petitioner in the case
The case should be dismissed at initial stage itself considering both the above points but i would like to get it elaborated from the experts
ajay sethi
(Expert) 20 September 2011
1)if as per statement of account filed by claimants ,claim is barred by limitation you can raise the plea in your written statement .merely because staement of account is handwritten and not typed is no ground for dismissal of case
2)party can file typed copy of document in statement of claim if xerox is not legible or if registry has taken objectio n
that document is illegible .
3) you can always take inspection of original documents the court will not dismiss case merely because typed copy of LOA is filed
Shastri J.K.
(Expert) 20 September 2011
I agree with mr.ajay sethi .
prabhakar singh
(Expert) 20 September 2011
I also agree with Mr.Ajay Sethi .
