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jain@lawyersclubindia (Prop.)     14 August 2018

Petitioner was not present in india @ signing the petition

Dear Members

                                                                       

Person “A” (Petitioner) filed petition against Person “B” (Respondent) on dated 10-01-2017 before the Hon’ble Concern Court, claiming that the cause of action occurred on dated 07-01-2017 and further claiming that the said petition was verified and signed on dated 10-01-2017 at particular place in India. Now Person “B” (Respondent) filed his written statement whereby he apart from the other preliminary objection took specific preliminary objections qua maintainability of petition on the ground of no cause of action, petitioner malafide intention as well not approached the court with clean hand, etc and prayed for rejection/dismissal of the said petition and during the trial, Person “B” (Respondent) documentary proved that the Person “A” (Petitioner) left the India on dated 01-01-2017 and thereafter returned back to India on dated 30-01-2017 i.e. Person “A” (Petitioner) was not even present in India on the date of cause of action, when the petition was verified, signed and filed before the Trial Court as claiming by Person “A” (Petitioner).

 

Query:

Now my query is considering The Code of Civil Procedure-1908 and of applicable acts and laws, is the petition of Person “A” (Petitioner) is maintainable? and also provide any Judgment of the Apex Court or of High Court in this regard, if any.

 

Thanks and Regards

 



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