Advocate Sushila
SUPREME COURT REITERATES THAT PLAINTIFF CANNOT RECTIFY THE DEFECTS IF A PLAINT GETS REJECTED
Advocate Sushila Ram 25 Jul 2021

SUPREME COURT REITERATES THAT PLAINTIFF CANNOT RECTIFY THE DEFECTS IF A PLAINT GETS REJECTED


A Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dr Dhananjaya Y Chandrachud and M R Shah passed a #Judgment dated 20-07-2021 in the case of Sayyed Ayaz Ali v. Prakash G Goyal & Ors. (Civil Appeal Nos 2401-2402 of 2021 @ SLP (C) Nos. 29975-29976 of 2018) and affirmed that where the #rejection of the #plaint takes place under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 (#CPC) there would be no question of granting time to the Plaintiff to #rectify the #defects in the plaint.


n the present case, the Appellant-Plaintiff had purchased a suit property by obtaining loans from Defendant 1 and Defendant 2. The condition for obtaining the loans was that the sale deed for plot No. 23A and 24 would be executed and registered in the names of the Defendants and the sale deeds for the remaining plots would be in the joint names of the first and the second defendants and the Plaintiff. The case of the Plaintiff was that the exclusive possession of the entire suit property belonged to him and that the name of the first and second defendants was incorporated in the sale deed only for security for the repayment of the loan. The Plaintiff alleged that the Defendants had illegally assaulted him and interfered with the peaceful possession of the suit property of the Plaintiff. It was argued before the Court that certain amounts were paid to the first as well as the second defendants in pursuance to a compromise, however, they refused to execute a sale deed and recovered an amount of Rs. 50 lacs from him.


To read more, please visit the link below:


https://theindianlawyer.in/supreme-court-reiterates-that-plaintiff-cannot-rectify-the-defects-if-a-plaint-gets-rejected/


#supremecourt #plaint #reject #modify #rectify

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