Can i make an prayer petition to allow deposit of consider
lalit
(Querist) 29 September 2015
This query is : Resolved
Dear Sir,
As pointed by learned experts that my previous query on same context was too large, I am reproducing the same in brief.
I am plaintiff in a suit for specific performance, enjoying absolute injunction on transfer of property by defendant.
Hearing in suit yet to begin.
Can I make a prayer petition to allow depositing consideration money with court?
lalit
(Querist) 29 September 2015
To prove my willingness and readiness.
prabhakar singh
(Expert) 29 September 2015
THAT CAN BE DONE BUT UNLESS YOU HAVE ALLEGED
AND PROVE BY EVIDENCE THAT YOU WERE READY AND WILLING TO PERFORM YOUR PART OF DUTY AT ALL RELEVANT TIMES OF CONTRACT, IT IS NOT GOING TO YIELD BENEFIT BECAUSE IT WOULD BE ONLY CORROBORATIVE AND NOT AN INDEPENDENT EVIDENCE OF SUCH A FACT IN ISSUE.
lalit
(Querist) 29 September 2015
Thank you prabhakar sir.
I proved my readiness and willingness through bank papers hence got absolute injunction.
I maintained continuous balance. Now I want to make a FD an mark lien to court till disposal of suit. Hearing is yet to begun.
Under what rules I make prayer / application to court.
K.S.Srinivas
(Expert) 30 September 2015
Take advice from your advocate.
lalit
(Querist) 02 October 2015
Sir, my lawyer says it can't be done. There is no such option open before me as I am enjoying absolute injunction.
