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Maneesh mv (Student)     02 March 2021

Deniability

can a petitioner deny something, what he himself stated in his petitition, if his words in the plaint are used against him in another case? Can the reason for denial be mistake of fact and/or not having correct information at the time of filing?

 



Quick Summary
This discussion delves into whether a petitioner can retract statements made in their original petition, particularly if those statements are used against them in a separate legal case. It questions if a 'mistake of fact' or lack of information at the time of filing can be a valid reason for denial. The consensus suggests that while simple plaint statements drafted by advocates might be challengeable, facts admitted during cross-examination and decided by a judgment in a previous case hold more weight and are harder to deny.

 3 Replies

Real Soul.... (LEGAL)     02 March 2021

he needs to file for amendment in that plaint  if the suit is pending trail, seeking expunging of that statement.

G.L.N. Prasad (Retired employee.)     02 March 2021

Academic query.  The fact that was stated, admitted after cross-examination, and decided in that case through judgment holds good in another case, and not simple plaint statements, as plaints are mostly drafted by Advocates as per plaintiff version.

P. Venu (Advocate)     02 March 2021

What are the facts? What is the context?


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