Litigation Management System
Government of Himachal Pradesh
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Department of Digital Technologies and Governance
Zone/ Revenue Division Office :
IT Department
Circle/ District Head Office :
IT Department
Division/ Sub-Division/ Block Office/ In-Office Branch :
Litigation
Court Level :
District
Court Name :
District Courts Shimla
Case Type
Civil Suit
Nature Of Case :
Recovery Matters
Claim Brief :
Civil Suit for Recovery of Rs. 26,14,161/- (Twenty six lacs fourteen thousand one hundred sixty one) along with interest at the rate of 18% from the amount became due till the actual payment of the total amount and for grant of decree of injunction permanent prohibitory in view of the facts. Plaint under Section 26 Order 7 Rules 1 and 2 C.P.C.
Case Filing Date :
16/08/2022
First Listing Date :
02/09/2022
Receiving Date :
01/09/2022
Reply to be Submitted by Date :
01/01/1900
Previous References (if any) :
Remarks By HOD :
Relief Sought:
Case Status :
Pending
Department As:
Respondent
Case Entered By :
Amrita Chauhan
Case Entered Date :
01/09/2023
Last Updated By :
Amrita Chauhan
Last Updated Date :
01/09/2023
Mark as important :
No
Huge Financial implications:
No
Cascading effect :
No
Hearings
--nil--
Replies Filed
S.No.
Department
Reply in Brief
Date of Filing Reply
Copy of Reply
Reply Filed By
1
Department of Digital Technologies and Governance
That the plaintiff is having no cause of action to file the present suit against the defendant.
That the defendant/ department is a public authority. Hence, it is mandatory to array State of H.P. as party. Therefore the suit is bad for provision of order 27 rule 5-A CPC and deserves dismissal.
That suit of the plaintiff is not maintainable against the defendant in the present form.
That suit of the plaintiff is bad for misjoinder of necessary parties. The plaintiff is claiming two types of amount based upon different cause of action. Both the claim being different cannot be clubbed in a single suit.
That the plaintiff is estopped to file the suit on account of its acts, conducts, deeds etc.
That suit of the plaintiff has not been properly valued for the purpose of court fee.
That in the present suit the plaintiff has suppressed the true facts from the Hon’ble Court.
That the suit of the plaintiff is bad for want of better particulars. The plaint lacks material particular especially qua claim of damages etc.
23/05/2023
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