Anonymous
13 April 2010 at 20:28
Dear Sir,
One of my colleague asked this question.
Case facts are .....
Power of Attorney Holder (Power of Attorney executed by original Owners to file a suit only) filed a suit (injunction over landed property) against an Institution. Subsequently Original Owners sold the same property to 'X'. Now 'X' filed a Petition Under Order 1 Rule 10 to implead him as Plaintiff as he purchased the suit schedule property.
Now the question is
1) who has to amend plaint ?
2) What about Power of Attorney Holder ?
3) What are the pleading of the Plaintiff ?
4) What step court has to take up ?
This is the doubts in the above case. So, I request you to explain above these questions and if there are any decessions please inform me.
Thanking you,
D. PHANI KUMAR,
ADVOCATE,
ANANTAPUR (AP)
Anonymous
13 April 2010 at 19:39
dear sirs,
thanks for your kind replies. there is a stipulation in the agreement of sale that the balance of payment will be made within three months but there is no forfeiture clause. the agreement was made about two years ago but the vendor sold the land to someone else about one year ago. thanks again.
gagandeepsingh.bagga
13 April 2010 at 15:20
What is the maximum size of the sign board for advertisment of one's shop, which MDC has allowed to display without its prior permission?
Anonymous
13 April 2010 at 14:40
I am a 45yr lady, my father has got property through settlement deed from my grand father, can I claim this property as ancestral property
farooq
13 April 2010 at 12:31
Hello, My Grandfather has some property on his name and he did't write or sell anything to anyone it was then distributed between my father and his brother(my uncle) now half the property belongs to my father in which my brother is enjoying the rice mill from last 25 years any though its consist of both plain land and a rice mill, we all(my brothers and sisters) had our share now he is telling that it belongs to him only, some our brothers and sisters are taking his side.
can you tell me does still we had our chance to get it back ? what the procedure for that and how much % we will get for each sister and each brother?
does only the persons will get share who raise the case or all the children?
please help me and tell me how much time it will take through court procedure.
Thanks in advance.
pratik
13 April 2010 at 10:58
What do u mean by miscellaneous proceedings as per cpc, 1908 section 141 .
The bare act text is as follws.
141. Miscellaneous proceedings.
The procedure provided in this Code in regard to suit shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
1[Explanation.-In this section, the expression "proceedings" includes proceedings under Order IX, but does not include any proceeding under Article 226 of the Constitution.]
Thanking u all experts in advance.
pratik
13 April 2010 at 10:51
As per CPC, 1908 Section 150 what do u mean by transfer of business.
The bare act text is as follows.
150. Transfer of business.
Save as otherwise provide, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so
transferred.
Thanking u all experts in advance.
Anonymous
13 April 2010 at 10:50
Hellow everybody.
Our collegues are contesting a case relating to seniority in supreme court. Their opposite parties (petitoners of SLP) are ad-hoc employees while they are regular employees selected through SSC. The case is at admission stage and is pending in registrar office for the last six months for want of service of notice. By the attitude of the OPs it appears that they are trying to delay the matter as long as they can because of the fact that they are apprehensive of losing the case in SC which will render them terminated from the service. Now, I want to ask is there any statutory time limit to dispose of this case or how long the matter may be kept pending in registrar office by the OPs. Please give your opinion urgently as the promotion of various other employees are held up because of stay granted by the SC in an interim order on first hearing. Please also suggest as to what can be done to expedite this case. Thanks.
pratik
13 April 2010 at 10:47
1) As per CPC, 1908 Order 20 Rule 1 what do u mean by open court .
2) What do u mean by every affidavit shall be drawn up in the first person. (Meaning of the line if written under the every starting line of the affidavit).
3)meaning of pecuniary limits as per section 6 of the civil procedure code, 1908 & what does it says.
Thanking u all experts in advance.
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Amendment of Plaint
Dear Sir,
One of my colleague asked this question.
Case facts are .....
Power of Attorney Holder (Power of Attorney executed by original Owners to file a suit only) filed a suit (injunction over landed property) against an Institution. Subsequently Original Owners sold the same property to 'X'. Now 'X' filed a Petition Under Order 1 Rule 10 to implead him as Plaintiff as he purchased the suit schedule property.
Now the question is
1) who has to amend plaint ?
2) What about Power of Attorney Holder ?
3) What are the pleading of the Plaintiff ?
4) What step court has to take up ?
This is the doubts in the above case. So, I request you to explain above these questions and if there are any decessions please inform me.
Thanking you,
D. PHANI KUMAR,
ADVOCATE,
ANANTAPUR (AP)