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mahesan (Advocate)     05 November 2017

Rejection of plaint

Plaintiff asking prayer for declaring that the will dated..... last will executed by ........
court fees paid rs75.50u/s 25(d) of Tncf & sv act

court suomoto rejected suit after 13 years from filing date.

I want help for restoration of suit with necessary amendment



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 6 Replies

manoj   05 November 2017

The Law is very different in case of rejection of plaint. The court must not see the documents filed by the defendant at the time of rejection of plaint. The court must see whether the suit is barred under any Law or there is no cause of action. otherwise in any other aspects the court should not reject the plaint. there are number of judgments regarding this issue. if you want i will provide judgments. 

manoj

advocate

8686159292

mahesan (Advocate)     05 November 2017

Sir provide some related judgement

Azhagananth (Lawyer)     05 November 2017

there is no restoration.. only CRP b4 high court or file a fresh court by observing the defects for rejection of plaint.

think for the plaint wil;l be rejected on question of court fee. but it would not straightly reject for court fee. the court will provide for payment of Additional court Court fee within a time, failing which the plaint will be rejected...

 

first go through the order throughly

mahesan (Advocate)     05 November 2017

Ok sir Court rejected suomoto after filing of 13 years. Court given one month time for amendment of court fees u/ s 25 (b) from 25 (d) . But original counsel not taken steps. So rejected the plaint. Nw only i received. So i ask what steps next sir. Thank u for your reply

manoj   05 November 2017

you can restore the suit in the same court specifying the situation before the court, you can file petition to restore the suit as you are not aware of the situation regarding your case. you no need to go for high court .

manoj

advocate

 

Kiran Kumar (Lawyer)     08 November 2017

Impugne the relevant orders before the competent appellate/revisional authority.


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