Incorrect Fact mentioned: Legal consequences?
I am a plaintiff of litigated property.already got preliminary decree and got advocate commissioner appointment. But the total schedule of property is 20 kathas in preliminary decree.but before the suit 4 kathas already sold jointly,, during the lifetime of my father and uncle (who are the actual owner of the property and they were the actual plaintiff and actual defendants) . Both of them are died during pendency of suit so me and my cousin is now plaintiff and defendant respectively.now actually the total physicaly property is 16 kathas. Wrongly I am not mention this in that suit.similarly none of the defendants arise this question during preliminary decree and commissioner appointment as they have the knowledge of sale.so now.is there any problem 1) to submitting advocate commissioner report?? 2) defendant can arise this issue now? Pls help
In the case, if the 4 kathas already sold jointly and it is not mentioned in the plaint and if the decree is passed based on that fact. Therefore, As the land of the property which is the fact in the question, the defendant can challenge basing on the question of the fact under Section 96 of the Civil procedure code.
Book a phone consultation with a top-rated lawyer on Lawfarm.