Anonymous
29 July 2019 at 23:55
Sir,
Plaintiff ( trespasser)has filed declaration and injunction suit in O.S. No.-ABC-against the Local Authority and others before the Civil COURT by suppressing the previously decided cases filed by plaintiff itself for the same suit schedule property.
When this matter was pending , Plaintiff filed another injunction suit -No. XYZ- against the same Govt Authority (but without joining other defendants ) obtained permanent injunction within one month on Merits by playing fraud upon the court by not disclosing the pending suit -ABC etc.
When the matter was posted for evidence in 1st case O.S.No. ABC, after one and half year ( 1-1/2 yr) , plaintiff filed memo and withdraw the case ABC with court consent.
But the defendants ( Other than Govt Authority) in 1st case O.S. No. ABC are not aware of the 2nd case XYZ and now been affected by the decree passed/obtained by plaintiff in O.S. XYZ. Surprisingly , even after 1 year , the Govt Authority also not filed any appeal against the decree in O.S. XYZ.
QUERY :
- How the defendants( affected parties) who are not a party to the proceedings can reopen the 2nd case O.S. XYZ ?
-Can this be re-opened in the same trial court by the affected parties ? If yes, then under what ORDER /RULE CPC the non-party can reopen the XYX case ?
- Any SCC citation plz
Kindly advise.
Thanks in advance !!
Anonymous
29 July 2019 at 21:41
Sir I am defendant in what appears now untenable declaration suit.
Plaintiffs a firm of two and only a surviving partner after filing witness / evidence statement on behalf of firm and cross examination has filed contempt application against me contradicting his/their averment in witness statement filed on oath.
One issue framed for the plaintiffs is does plaintiff 2 prove that he is partner of the firm and did defendant 2 signed the agreement. Where as both plaintiffs 2 and defendant 2 were no more as on date issues were framed. Legal heir not named.
Wonder why plaintiffs lawyer and defense lawyer brought this fact to notice of court.
My alleged contempt action dates back to before issues were framed.
All the issues framed by court obviously stand disproved by the plaintiffs as per evidence / witness statement filed on oath.
Court if wants can deliver judgement without defense. Two necessary parties who signed disputed contract no more.
My first lawyer double crossed and resigned as plaintiffs evidence ended.
I hired other lawyer with lot of difficulty at exorbitant fees due to desperation at 11 th hour as court gave hearing stage.
My new lawyer has not filed any reply and says I should keep mum.
26 hearings have passed since.
Court is neither giving defense stage.
Nor initiating contempt proceedings against me.
None of the lawyers are attending hearing.
I personally attended one hearing and judge said bring your lawyer.
Lawyer is big name and difficult to to be candid with him.
I am 65 and away from place of suit.
At one stage I contacted surviving plaintiff and he was unreasonable and as such there is no need for me to compromise.
Your views and advice.
KISHORE KUMAR JOSHI
29 July 2019 at 18:10
I am paying rent in Rent Control West Bengal, in the name of a Private Limited Company which is closed. My question is will my tenancy remain intact as I have not default in paying rent.
Member (Account Deleted)
29 July 2019 at 14:03
I purchased a property through auction from DEBT RECOVERY TRIBUNAL - 1 (DRT, Kolkata) via a SALE CERTIFICATE which was issued by the Recovery officer. I want to sell this property now to a private buyer. But all the buyers want to see other papers and are not satisfied by just a sale certificate. My question is:-
1) Does such a property require to be registered in the Registrar office?
2) How to initiate sale of such a property to a private buyer?
3) My name isn't there in the local municipality. The Municipality Enrolment number is in name of the company who made the building. So how to get my name changed in the local municipality i.e how to get it mutated on the behalf of a sale certificate?
Regards
Atulit
Dilipbhai modi
29 July 2019 at 03:54
Hi ,
I found the following query on lawyers club site. regarding rent act. I am looking for case detail for following case in which judgment was in landlord favor.
http://www.lawyersclubindia.com/experts/Bombay-rent-control-act-1947-in-gujarat-281006.asp
Thanks,
dilip
anurag
26 July 2019 at 11:51
WE HAD GIVEN SHOP 20YRS BACK TO TENNENTS & FROM PAST SOME YRS WE WERE ASKING THEM TO GIVE OUR SHOP BACK BUT EVERYTIME THEY DISAGREED .BUT DUE TO SOME UNAVOIDABLE REASONS WE COULDN'T PROCEED COURT FROM IT,BUT AS OF NOW WE HAD DONE CASE & LEGAL PROCEEDING HAVE BEGIN,NOW I WANT KNOW IS THERE ANY LAW IN OUR INDIAN CONSTITUTION FOR FASTER PROCEEDING OF CASES, I MEAN TO SAY AFTER HOW MANY MONTHS WE CAN GO HIGH COURT TO GET THERE ORDER FOR FAST JUDGEMENT.OUR CASE IS IN LOWER COURT,WE WANT HIGH COURT TO GIVE ORDER TO END OUR CASE ASAP.
I M ASKING AFTER HOW MANY MONTHS/TIME WE CAN REACH HIGH COURT
THANKING YOU
WAITING FOR REPLY
Viveek
25 July 2019 at 12:57
I have given my flat on rent and my tenant has one pet dog. Now the society has passed a rule in the General Body meeting that pets will not be allowed in the society. I was not present for the meeting and Just received the minutes of the meeting. Kindly let me know that can a society legally object and pass a rule that pets not allowed. Its just one month that I have given my flat on rent so please advise what should I do.
VIKAS AGARWAL
25 July 2019 at 10:06
How to prevent commercial gym running in residential property.
jayakumar.j
24 July 2019 at 18:33
The bank has taken action for the attachment of a property which is not in the name of the loanee.It was alienated by settlement in the year 2012 whereas the bank has issued notice to the borrower for the attachment of the property in 2019. Is it legal?
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