sanjay haritwal (prop) 11 September 2016
In a Suit when written statement is filed on behalf of a legal entity..... there is evidence available that the affiant on behalf of the legal entity was NOT empowered to affirm the said written statement, and he appeared and filed W. S. as he had vested interest in the matter...
how can this WS be discarded ??? under which Order and Rule of CPC ?
Any decided matter on similar issue ????? please share citation.
regards
adv.bharat @ PUNE (Lawyer) 11 September 2016
U need to file your opinion on this stating the true fact.
It will be court discretion to allowed or reject it based on merit.
If u like my suggestion then give THANK on my profile.
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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 12 September 2016
This is a techical plea. Wont be enough to discard the written statement off record. Although you may move an application under order 6 rule 16, seeking striking off the said written statement from the record, But he will be given another opportunity to file a prioper written statement neverthless.
Augustine Chatterjee
Advocate & Solicitor at Law
9999931153
Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 12 September 2016
# 4
12.9.16
Great. 2 good value additions.
The rule is:
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16. Striking out pleadings.- The court may at any stage of the proceedings order to be struck out or amended any matter An any pleading— (a) which may be unnecessary, scandalous, frivolous or vexatious, or (b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or (c) which is otherwise an abuse of the process of the court. |
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