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Rupali Shah   12 May 2023

Defective plaint in commercial suit

What remedy is available to Defendant in commercial suit, if Plaint:

1.  has drafting mistakes like - no title of commercial court, in title clause, plaintiff company is shown to be  represented through authorized signatory and in verification that authorised signatory is signing the plaint as Director. In affidavit with plaint he has signed as director. VP is signed as authorised signatory. No statement of truth filed, no INDEX given, List of documents not in prescribed format.

2. contains old address, while at the time of filing of suit new address was updated on records of ROC

3. does not disclose that Plaintiff company is dormant company

4. does not disclose the particulars of interest, though claimed in prayer clause only

5.  does not contain pleading as to amount of damages but only in prayer clause amount of damages mentioned.-  on this particular ground, can 7/11 be filed on the ground of No cause of action disclosed?

Which application, the Defendant should move?

Thanks.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 May 2023

Besides file ing a petition under order VII Rule 11 to reject the plaint for the abscence of cause of action, all these defects can be mentioned in the written statement and seek for dismissal of the suit since it is not maintainable .

Before that you obtain a certified copy of the plaint and the plaint documents that were filed in the court because there are chances for manipulating the court records/documents by the michief mongers and altering the plaint in order to show that there were no defects at all.. 

1 Like

Rupali Shah   13 May 2023

This is commercial suit. There was delay in filing of WS. Hence WS has not been taken on record by court as delay not condoned by court.

If the Plaint is amended somehow,  then only the Defendant will get the right to file WS.

How can we comple the Plaintiff to amend the suit? 

Which application should i move so that court an direct the Plaintiff to amend the plaint?


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