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prof s c pratihar (medical practitioner &legal studies)     11 October 2008

pocket defendant

sir,


      in true sense a defendant acting collusively with the plaintiff. if such thing occurs and noticed by the court--what is the next course of action the court should adapt?



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 4 Replies

K.C.Suresh (Advocate)     12 October 2008

The palintiff must be with clean hands. If any collusion with defendent is forthcoming the suit will be dismissed.

SHEKHAR MISHRA (public servant)     12 October 2008

Using   its   discretionary   power   the   court   may   dismiss  the   suit   under  the  given  circumstances.

ca.bhupendrashah (FCADISA)     13 October 2008

even in investor's arbitrations, so many respondents collude to pay off their debts thro public funds !

Ajay kumar singh (Advocate)     13 October 2008

The court has to decide the case on the basis of material available on record. Court can not presume collusion between the pltff and the defdt unless someone intervenes into the suit and proves that his interest in the suit property is being jeoperdised due to activities of the pltff and defdt.

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