Can the court reject the case if it is filed after 2 years
21-Jul-2023 (In Consumer Court Law)
hye, can a court condone the delay after 2 years from date of cause of action if i served a notice to the doctor within that period and filthe case after 2 year in medical negligence case thanks
No. You can file a case till 3 years from cause of action. But medical professionals are exempted from court cases....
You may file your case with an application for condonation of delay stating the grounds and reasons for such delay. In case the forum/ Court is satisfied with the reason given by you, your case will be accepted.
Yes you can file a c complaint with your concerned police station against the said act of negligence by the hospital and treating doctor. But you have to prove it that how the act of negligence was done at their part. And why you take so much time to act on the issue
As the general rule you may approach to appropriate consumer forum to file your claim against the act of negligence done by the doctor with in the period of 2 yrs. from the date of cause of action
As the general rule you may approach to appropriate consumer forum to file your claim against the act of negligence done by the doctor with in the period of 2 yrs. from the date of cause of action
Hi,
if the case is time barred, then you have to move an application under section 5 of limitation act.
Then it shall be upon discretion of the Hon'ble Court to allow or dismiss the said application. For more information feel free to have a word with me.
if the case is time barred, then you have to move an application under section 5 of limitation act.
Then it shall be upon discretion of the Hon'ble Court to allow or dismiss the said application. For more information feel free to have a word with me.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Consumer Court lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."