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(Guest)

Admittance of case- partition suit

hi
in legal terms ,what does it mean by admittance of a civil suit case for a partition suit..  i am talking to few lawyers, and some say, the case need to be admitted first.. not sure what that means.

1.does it mean the case need to prove to be  valid to be filed
2. if numbered,does it mean it was approved by the judge to be filed.
3. is it true that if a case is filed and numbered, then the plaint had reached half the success assuming it a genuine case to be filed.
4.do judge usually read the case at admittance stage or is it ony the adminstrative people who reads and admit the case.
5. does the custom of admitting frivolous caseas still exist in our current judicial system.

6. is it true that  the bribery starts even at the point from admitting the case and numbering t?

please advise

 



Learning

 2 Replies

G.L.N. Prasad (Retired employee.)     02 April 2018

Admitting the case means accepting a plaint with basic documents.  After reading the plaint, if there is litigation in the matter and if documents are in order after payment of court fees, a number and the court will be finalized.  The main points they look into is Cause of action, limitation period.  This is a normal routine matter which you treat it as admitted..  When you engage a lawyer, he will explain you all other details. The numbering is administrative issue, and once it is numbered it goes to the concerned court for judicial proceedings.  In open forums you can not get answers to 5 & 6.

P. Venu (Advocate)     02 April 2018

A civil suit cannot refuse a plaint on its own discetion. As such, the question or procedure as to admission could only superficial.


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