madhusudhana rao
07 October 2019 at 12:46
performance suit to executive sale was decreed in plaints favour with a direction to deposit balance consideration within 2 months into court and defendants are directed to execute sale deed within 3 months. Plaint not deposited as directed and prayed for extension of time before trial court within the time u/s 148 of cpc but it was dismissed saying that “court can not entitled to enlarge time beyond time already granted”. Aggrieved by it plaint carried the matter to high court in CRP, wherein high court granted 10 days time to deposit the amount at the time of notice to others. Again plaint could not comply since he underwent open heart surgery. There by application was dismissed during the admission time in 2002. But in 2011, when defendants challenge to lower court decree before high court in A.S was dismissed, plaintiff again moved an I.A. for restoration & extension of time to deposit balance sale consideration in the same CRP before high court which is pending for consideration. There was no application for rescission of the contract by defendants before trail court. Now my question is :-
1. Now, can I file E.P. before lower court since it is within 12 years limitation? Non compliance of payment of balance sale consideration will be a impediment for E.P?
2. Decree under specific performance act u/s sec. 28 is not extinguished until it is executed in E.P or rescinded by trail court and till such time trail court retains the power and trail court can grant extension of time to deposit balance sale consideration in view of Apex court citation in Sardar Mohar singh vs. mangilal and also approved recently by apex court judgment in surendra pal soni vs sohan lal on 23-07-2019. Using this judgment now I want to move application before trail court for extension of time. But on the same subject an I.A already field by me is pending before High Court as mentioned above. Under these circumstances trail court will allow my application to deposit the money? Or is there any other way to proceed with the matter?
Experts in this area kindly advise me how to deal with this situation.
Narender Kumar
05 October 2019 at 11:40
Dear Team. How much time a nationalised bank employee can be suspended. If he/she not received any information except a show cause within 6 months than what should be do. Kindly guide as per.
NAGARAJ
04 October 2019 at 20:53
Im for plaintiff in partition suit ..2nd defendant filed original written statement in the year of 2010 D2 died on 2018 now his LRs for drag d matter two months back filed amendment application u/o 6 r 17 cpc for amending the written statement and after two months 2nd time again filed amendment application for amending the written statement seeking to add certain self aquired properties of plaintiff and concocted theory I.e plaintiff name impersonation dispute ....the suit filed in the year of 2007
.any sujjessions or Any citations to reject the written statement amendment application ..?
Thanking you sir
jains
04 October 2019 at 04:20
The suit is for declaration of a sale deed null and void. The deed was seems to be execute by its owner who was unsound at the particular time. The unsound was made party to the suit along with her daughter who stood as the next friend. Whether daughter need to be appointed a the guardian by the court for the unsound to conduct the case properly.?
Anonymous
02 October 2019 at 16:35
I need a certified copy of the unmarked documents filed by my opposite party in money suit (Pune). This certified document is need for me to file in the other court for me to prove that my opposite party is well to do.
But the advocate in pune is not able to take the certified copy.. can u give me the provisions under civil rules of practice under which i can take certifed copy of unmarked documents,, or relevant judgments to take the copy.
Vinesh K Chhaya
01 October 2019 at 01:02
A Multi State Scheduled Bank has possessed an immovable property without application of section 14 SARFAESI Act-2002 and made auction and soldout said property. The borrower filed suit for declaration under CPC, and prayed for cancellation of said transaction and sale certificate including whole process of recovery.
Bank replied and argued that section 34 of SARFAESI applys here, Court allowed argument of bank and suit was dismissed without hearing of application for interm injunction .
My question is when possession of property has taken without any order of District Magistrate under section 14 of SARFAESI Act-2002 then the provision of section 34 sarfaesi act-2002 is applicable or not?
Sureka Nagendhran
30 September 2019 at 18:31
I want clear explanation about consequences of death of one of several defendants in a suit, what is mean by 'right to sue' survives as stated in order 22. when suit is abated, need clear interpretation.
Ram
30 September 2019 at 08:46
My mother and my aunt had a joint agricultural land and during consolidation partition of this land was done and DDC and passed an order of partition. My aunt was not satisfied with the way partition was done and she went to high court against it in 2006. It was pending since then but 3 months back case was dismissed for default. Now she again went to high court for suit restoration and case is restored.
Now question is that stay on partition is still valid or not. This is because we went to SOC to do partition as per DDC order as case is dismissed so stay is not valid untill any further order is passed from high court. Please advise.
Thanks
Ram
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Order executed
Sir,
Civil suit Decreed, eviction order passed by execution court, bailiff obeyed the order, possession delivered, JD filed revision near the end of 90days, section 227/115, in High court, Is revision maintainable ????, two year completed.
please advise
Regards