Application to file additional written statement and correct typographical error in proof affidavit regarding document originality allowed.
Application allowed; plaintiff permitted to correct error in proof affidavit; additional written statement taken on file.
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A.No.1725 of 2022 in C.S.No.707 of 2014
A.No.1725 of 2022 in C.S.No.707 of 2014
V.BHAVANI SUBBAROYAN, J.,
The applicants / defendants have taken out the present application
to grant leave to file additional written statement to the suit, viz., C.S.No.707 of 2014.
been filed, but in the proof affidavit, it is stated as the xerox copy of the sale deed dated 04.10.1989 and sought to be marked as Ex.P.3 and Ex.P.3 is the deposit of title deeds.
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A.No.1725 of 2022 in C.S.No.707 of 2014
plaintiff states that there is a mistake committed by the plaintiff, which is a typographical error and hence, learned counsel seeks permission before this Court to file an application to amend the same. Further, the learned counsel for the plaintiff undertakes to file the original for the purpose of marking documents before this Court.
documents placed on record.
the fact that the suit of this nature, viz., mortgage, is not maintainable in law, if the same has been filed based upon a xerox copy of the title deed pertaining to the suit property. Hence the learned counsel for the
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A.No.1725 of 2022 in C.S.No.707 of 2014
applicant / defendants seek leave to file the additional written statement raising this issue that too only after perusing the proof affidavit, wherein a xerox copy was filed.
Post on 20.06.2022.
21.04.2022
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A.No.1725 of 2022 in C.S.No.707 of 2014
ssd
V.BHAVANI SUBBAROYAN, J.
ssd
A.No.1725 of 2022 in C.S.No.707 of 2014
2
21.04.2022
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1 issue framed by the court
Whether to grant leave to file an additional written statement regarding a discrepancy between the plaint and proof affidavit regarding the originality of documents.
1 provisions across 1 enactments
APPLICANTS / DEFENDANTS
RESPONDENT / PLAITIFF
BHAVANI SUBBAROYAN
SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
