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Bala   20 March 2018

Submitting the ip petition as additional document

Debtor settled all of his properties to daughter to avoid court attachment, then  I filed money recovery suit against promissory notes, then defendant filed insolvency petition, listed me as 1st creditor and stated that he borrowed money from me as Loan and executed promissory notes and unable to pay the debts

In money suit I'm the plaintiff and  Defendant filed written statement saying he never borrowed money from me and never executed pronotes.  
 
I'm planning to file Application filed under Order 7 Rule 14(3) seeking permission of  Court to place on record the additional documents: certified copy of settlement deed to daughter and IP petition

So far defendant has not stayed the civil suit citing the pending IP
what are consequences of submitting the IP petition?  

1) Upon submission of IP petition, judge may order to stop hearing the money suit till the IP case is decreed?
2) Submitting the above documents will be helpful in deciding the case quickly?

when should I file the application to submit the above documents?
3) file the application Before the issues are framed?
4) file the application to submit the documents along with proof affidavit of Plaintiff?
5) submit and mark the documents while cross examination of defendant without filing the application?



 3 Replies

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     26 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     26 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     26 March 2018

First of all INSOVANCY LAWS have been changed , now only DRT has jurisdiction for individuals.

 

And if promissoy not is denied the plaintiff has to prove it.


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