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HARSHIT JAIN   24 August 2018

Law of tort

my brother wife file 498a, domestic violence on me and my family members in 2014. At that time i was pursuing CA. in 2015 i file 482 in highcourt for quashment of 498a case. i present case as in person i.e without advocate. finally my 498a case is quashed by highcourt in feb 2017 thereafter my bro wife challenge the highcourt order in supreme court. in may 2017 supreme court dismiss their application. now because of hearings i was unable to sit in exam. i file exam forms in 2015 2016 but due to court proceeding it was not completed

Now i would like to file a suit of law of tort. but having following querys

1. limitations is 1 year (as i know) but can i still file case.
2. what will be the jurisdiction because my bro wife filled 498a case in bhopal and i belong to indore so can i file civil suit in indore.


Learning

 3 Replies

Dr J C Vashista (Advocate)     25 August 2018

Limitation is 3 years, recheck. Both the Courts enjoy jurisdiction.

HARSHIT JAIN   25 August 2018

Thank you sir. But sir as per limitation act 1 year is mentioned I will be very thankful if you pl provide 3 year limitations details.

SOLOMON.RAJ (advocate/director)     26 August 2018

Even if it is one year you can seek a delay in condonation after obe year citing valid reasons.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

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