AI Overview...
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Entitlement to Remove Defects at the Time of Case Argument - Main Points and Insights
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Legal procedures allow parties to amend pleadings or remove defects if done within the permissible time and before final judgment, ensuring fair trial and proper adjudication. For instance, courts recognize that defects in pleadings can be cured if objections are raised timely (04200004740, 00900009427).
- In cases involving procedural defects, courts often permit amendments or withdrawal of suits with liberty to refile, provided the defects are not fatal and do not cause prejudice. Examples include allowing withdrawal with permission even if the defect might cause failure (00200017381, 01100064767).
- The timing of defect removal is crucial; objections raised at appropriate stages enable parties to rectify issues, thereby making documents or pleadings admissible and preventing dismissals based solely on procedural lapses (04200004740, 02600012398).
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Courts have held that defects such as non-disclosure of cause of action or formal irregularities can often be remedied if addressed promptly, especially before final judgment, thus entitling the plaintiff or petitioner to proceed after defect removal (04400000241, 00900009427, 02600012398).
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Analysis and Conclusion
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Based on the sources, the general legal principle is that a plaintiff or petitioner is entitled to remove or cure defects at the time of argument or before the final decision, provided they act within procedural limits and timely raise objections.
- Courts tend to favor allowing amendments or defect rectification to ensure substantive justice, unless the defect is deemed fatal or causes irreparable prejudice.
- Therefore, the plaintiff is generally entitled to remove defects at the time of case argument, subject to procedural rules and timely objections (04200004740, 00200017381, 01100064767).
References: - Monjur Alam Mallick VS Rajib Saha - Current Civil Cases - LACHHMANSINGH CHANDANSINGH VS MAHENDRALAL CHOUDHARI - Nagpur - B. RIZWANG BAIG VS MUNICIPAL CONPORATION OF HYDERABAD - Andhra Pradesh - Haji Banda Hasan VS Gupta & Gupta Pvt. Ltd. - Delhi - Prabhu Lal Bahuguna VS Umesh Sharma Kau - Uttarakhand - BARNIK RAY VS W. B. HOUSING BOARD - Calcutta
Search Results for "Whether Plaintiff is Entitled to Remove Defect at the Time of Arguement of the Case"
2019 0 Supreme(Del) 2169 • India - Delhi
SANJEEV NARULA
Whether the Petitioner is entitled to a condonation of delay in filing/re-filing the present petition? ... THE PETITIONER IS ENTITLED TO A CONDONATION OF DELAY IN FILING/RE-FILING THE PRESENT PETITION? ... Issues: Whether the first filing is a non-est filing? ... In the above backdrop, now comes the moot question-Whether in the facts of the present case, giving the benefit of the "first filing" to the Petitioner and considering the present listing to be a case of re-....
1961 0 Supreme(P&H) 218 • India - Punjab and Haryana
TEK CHAND, K.L.GOSAIN
Whether the testator's widow, Kamla Devi, was entitled to maintenance from the legatees under the will. ... by will so dispose of his property as to defeat the legal right of his wife or of any other person entitled to maintenance. ... D. 1, and dismissed the suit of the first plaintiff, Kamla Devi. ... If a person disposes of his entire property, whether by gift or by devise, the maintenance holder has the right to enforce his or her claim against the donee or the devisee as the #HL_S....
• India - Current Civil Cases
SOUMEN SEN, RAVI KRISHAN KAPUR
defects and or deficiency in document in order to make it admissible – Crucial test is whether an objection, if taken at appropriate ... point of time, would have enable party tendering evidence to cure defect and resort to such mode of proof as would be regular – ... filed suit within period of limitation and is entitled to interest at the rate of 6% per annum simple on Rs.39,44,000/- from date ... ... (9) Whether the plaintiff is entitled to get ....
1938 0 Supreme(Nagpur) 24 • India - Nagpur
STONE, VIVIAN BOSE
, as established in relevant case law. ... The plaintiffs sought to amend their plaint to change the cause of action from an agreement dated 7th March 1929 to an agreement ... Court: The court found that the amendment of the pleadings was not allowed as it introduced a new cause of action that was time-barred ... A plaintiff cannot be entitled to relief upon facts or documents not stated or referred to by him in his pleadings. ... 4. ... them the account books and this is merely an amendment that is ne....
1979 0 Supreme(Kar) 171 • India - Karnataka
K.J.SHETTY
The plaintiff was held entitled for 21/72 share in the joint family properties. ... The plaintiff was held entitled for 21/72 share in the joint family properties. ... The plaintiff was held entitled for 21/72 share in the joint family properties. ... (2) Whether the lunatic has a right to claim partition and separate possession of his share in the family properties? (3) Whether on facts and circumstances of the case, the settlement....
1959 0 Supreme(Cal) 199 • India - Calcutta
P.C.MALLICK
Has the plaintiff suffered any damage? If so, how much? 6. To what relief, if any, is the plaintiff entitled? ... tank for a term of 10 years whether the sludge is taken to the plaintiffs factory straight by the diversion pipe or whether it is ... or whether it is discharged through the main pipe into the lagoon. ... Das is correct, then the plaintiff would not be the only party entitled to draw and remove the slud....
2020 0 Supreme(UK) 366 • India - Uttarakhand
LOK PAL SINGH
provisions of law as to the pleadings; Whether the defects in the election petition could be removed after an opportunity was given ... Issues: Whether the election petition disclosed a cause of action; Whether the petitioner had complied with the mandatory ... The court held that the election petition did not disclose a cause of action and the petitioner failed to remove the defects in the ... In this sub-section, "elector" means a person who was entitled#....
1984 0 Supreme(Cal) 275 • India - Calcutta
A.K.SEN, SUDHIR RANJAN ROY
Issues: Whether the amendment sought was barred by limitation. ... Fact of the Case: Plaintiff filed a suit for specific performance of a contract for sale of a flat. ... PLEADINGS - SPECIFIC PERFORMANCE OF CONTRACT - OMISSION TO PLEAD READINESS AND WILLINGNESS TO PERFORM - AMENDMENT SOUGHT TO CURE DEFECT ... In that case this Court was not called upon to consider whether a formal defect with regard to the pleading on the point could or could not be remov....
1998 0 Supreme(Mad) 202 • India - Madras
S.S.SUBRAMANI
The question whether Panchavamam is entitled to any share or whether the 2nd defendant alone is to be recorded as a legal heir is not a matter, which requires consideration in this case. ... That was a case coming under Hindu Woman’s Right to Property Act, 1937. The question was whether the unchaste wife is entitled to succeed her husband’s property. ... Even if Panchavamam is entitled to any share, that has to be worked out separately, in an indepen....
1989 0 Supreme(AP) 120 • India - Andhra Pradesh
A.SEETHARAM REDDY
PROCEDURE CODE, Order 23, Rule 1 - Permission to withdraw the suit with liberty to file fresh suit - Can be granted even if the defect ... is going to fail the suit, then it is just the same if the defect is styled as fatal because that would equally cause fatal to ... whenever permission is ought for withdrawal of a suit if the Court is satisfied that a suit must fail because of certain formal defect ... That was a case where the plaintiff stated that he has constructed a building, as he was #HL_STAR....
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