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Dr P. Kangueane   27 March 2023

Marking of documents in ia

Is Marking of documents in IA under civil code of rights 51 n 60 applicable under order 7 rule 11 of CPC?

 



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 4 Replies

Dr J C Vashista (Advocate)     28 March 2023

What, why and how do you intend to mark document(s) in IA ? My answer is "NO"

Which code of civil rights 51 and 60 is referred in the facts of your post ?

Order VII Rule 11 CPC applies for rejection of plaint for specific reasons especially when there is no cause of action in favour of plaintiff; suit is barred by some other law on the subject; insufficient court of fees and/ or non-filing of 2 sets of plaint. It would be better to read the provision. 

Facts vis-a-vis query is not clear, redraft, if it is a real story and not an examination hall question paper.

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Dr P. Kangueane   28 March 2023

Thank you Sir

IA petition to reject the plaint have reference to documents.

The plaintiffs have prayed to alter revenue records without title and possession against the government. 

Section 14 of TN patta passbook act says no suit shall against the government. 

The suit is barred by law. Will it require documents?

Thank you

Kangueane 

 

N.K.Assumi (Advocate)     28 March 2023

Marking of documents is different from rejection of plaints, and plaint can be rejected only on the specified grounds provided under the CPC, and not otherwise. All you have to do is to see whether the rejection of your plaint falls squarely on those specified grounds under the law, and if not, you have to take steps accordingly. 

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Dr P. Kangueane   28 March 2023

Thank you sir for clarifying these are 2 different issues

So, documents can be marked in IA 

I am attaching a teluganna high court notice in marking documents in IA. Is this relevant?

 

 

 

 

 

 


Attached File : 938738 20230328093255 opcell 2 2021 09 28 14 46 51.pdf downloaded: 19 times

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