Legal Question in Civil Litigation in India

Sub: Rectification of Mistake in plaint of recovery u/o 7 rule 1 cpc 1908.

In plaint point no. 1 it was written that the company is registred under companies Act 1956 on 12.10.1994(12th Octomber 1994) in stead of 05.09.1991 (5th September 1991). The Certificate of incorporation was enclosed with the plaint is of dated 05.09.1991 (5th September 1991).Plaint was lodged in court on 03.04.2006. But notice was served on defendant in May 2011. The stage of case is :Defendant came in court on 29.06.2011 with written answer statement, though he did not point out this mistake, simply saying non acceptable in want of knowledge. Please let me (plaintiff) know how to get the mistake rectified.


Asked on 7/01/11, 3:42 am

3 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

file an application in court for this correction

serve a copy to defendents also

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Answered on 7/01/11, 3:46 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

you can apply for amendment of plaint under provisions of CPC.

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Answered on 7/03/11, 6:31 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

Please go through the Civil Procedure Code, and make an amendment in the existing by presenting the I.A. and serve same copy to defendant, okay ?

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Answered on 7/11/11, 6:04 am


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