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mallesh (student)     10 December 2013

Numbering stage order 2 rule 2 applicable

Dear forum member,

 

At admission stage whether the court can take objection in case under sec 2 rule 2 ?

Thanks in advance for the answers.

Regards,

suresh 



Learning

 4 Replies

GOPAL SHARMA (LAWYER)     10 December 2013

YES,COURT CAN MAKE OBJECTION.

mallesh (student)     11 December 2013

Dear Gopal Sharma Sir,

 

Can you give any reference of any such type of cases sir?

 

Thanks in advance

G. Y. Sharma (Advocate)     26 May 2014

Yes. I agree with the view of Mr. Gopal Krishna, Advocate. Where it is mentioned in the suit plaint that the plaintiff is entitiled to the whole of the property and where a portion of the said property is claimed through the present suit and where the suit is silent with regard to the remaining property as to whether the same is relinquished or not, the court can take an objection to remove the ambiguity in the suit plaint in the light of law enunciated under order II (Not Section 2) Rule 2 of C.P.C. which provides that 'THE SUIT TO INCLUDE THE WHOLE CLAIM'. This being textual in nature, it does not require any authenticity or precedent.

Hope this will satisfy you.

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com

G. Y. Sharma (Advocate)     26 May 2014

Yes. I agree with the view of Mr. Gopal Sharma, Advocate. ( I am sorry I mentioned in my earlier opinion as Mr. Gopal Krishna by oversight) where it is mentioned in the suit plaint that the plaintiff is entitiled to the whole of the property and where a portion of the said property is claimed through the present suit and where the suit is silent with regard to the remaining property as to whether the same is relinquished or not, the court can take an objection to remove the ambiguity in the suit plaint in the light of law enunciated under order II (Not Section 2) Rule 2 of C.P.C. which provides that 'THE SUIT TO INCLUDE THE WHOLE CLAIM'. This being textual in nature, it does not require any authenticity or precedent.

Hope this will satisfy you.

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com


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