Soma
16 January 2010 at 02:04
After getting the summon of a Title Suit I appeared for the defendant.
Filed an application under O.1 r.10 for addition of parties.
Date fixed on 18.12.2009 for hearing.
Failed to appear on 18.12.2009, court show caused and fixed on 13.01.2010.
As I also failed to appear on 13.01.2010 the application was rejected on that ground and further ordered that the main suit will proceeded expartee.
Now my question is whether where the application (O.1 R.10) filed and plaintiff filed objection the can the court refect the applicatio on the ground of non appearence or it should have decided ex-parte on merit?
Noe what can I do for setting aside the exparte order?
shivraj
15 January 2010 at 20:33
Whether district has jurisdiction to entertain first appeal in probate application? if senior division has decided probate then where can appeal lies against it whether district or high court?
shantanu dekhane
15 January 2010 at 17:38
Whatis the difference between the revision and review under civil procedure code.
Anonymous
15 January 2010 at 16:48
My Aunt and her children who are staying outside the country had been bequeathed with landed property in the village by way of a registered settlement deed in the year1975 by her brother and mother jointly.
The property initially had come jointly to the share of her brother and mother in 1966 by a family partition deed( her brother was a minor then)along with other properties.There were other members of the family in this partition deed. After recieving the present disputed property the same was developed by way of coconut plantation by my aunt through her other relatives,all these years .Her mother expired couple of years back. All these years the revenue record (ie RTC/katha in karnataka) was not changed( mutated) by my aunt as she was not familiar with these matters and had left everything in the care of mother and relatives,and the RTC was in her mothers name only. When she became aware of that recently in 2008, she planned for change of RTC. Unfortunately then she realised that the original settlement deed is found to be lost. As such she had to obtain a certified copy of the registered settlement deed and apply for the change in RTC with the tahsildar along with this certified copy. The tahsildar issued notice to her brother as per practice and her brother suddenly sprang a surprise filing his objection saying that he never was a party in the settlement deed of 1975 and the document is fraudulent and concoted. His objection were however overruled by the tahsildar and he was suggested to move to civil court for his grievance if any.
The brother now has moved to the civil court and has obtained a stay exparte preventing my aunt and her children from alienating the property and is challenging the settlement deed
and seeking declaration of the settlement deed as fraudulent,concocted,void and not valid and binding on himself and also seeking partition of the said property and for allotment of half share in the said property.
My aunt is relying on me to take up the legal problem.We have engaged a lawyer in the town near the village and he is saying in the absence of the original settlement deed it would be a difficult matter to handle.
I shall be greatful if some of you would advise us as to how to tackle the issues legally and reference to similar cases.
with regards
prakash
monika
15 January 2010 at 15:06
can u please suggest how much waiver can i get from HSBC for my case of personal loan so that i can negotaite to that extent in the Lok adalat as my financial position is not well right now. My principal amount is around 113000. Loan amount was 155000, I have paid 17 installment on time without any default.Now it is overdue by 7 months. Please help, i shall be highly obliged.
monika
15 January 2010 at 14:24
I had taken a loan from HSBC but due to some unavidable huge losses, i could not repay my loan from last 7 months. yesterday hsbc has sent me a lok adalat notice which is going to be held on 16.01.09 at delhi High Court. I don't whether the notice is fake or actual. I want to finish up the loan . I have paid 17 installments on time out of 48. but now i can not repay it. Please suggest how can i settle my loan & how i will know the notice is real or fake?
Please help
Anonymous
15 January 2010 at 07:57
Hi Sir/Madam I am searching following citation
if there is no prayer of interium relief in the plaint plaintiff is not entitle to get interium relief (exhibit 5 )
please tell me if there is any citation
Reshma K
15 January 2010 at 00:00
How is interest calculated in cases involving money, example recovery of money.
Is the interest calculated from the time I lent money or from the date of filing the case. And also after the judgment if there is still time for the borrower, how is the interest calculated and what rate.
What is commercial rate and when is commercial rate used.
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RTI Act and Consumer Laws
In 2009, in the case of Dr S.P.Thirumala Rao of Mysore the National Consumer Dispute Redressal Commission New Delhi awarded compensation and litigation cost to him in the case filed against local Municipality for deficiency in service in not attending to the matters related to his application under RTI Act 2005. The Doctor had claimed himself to be the consumer since he had paid the prescribed fee under the act to get the information. However, certain confusion requires to be discussed and cleared.Can we file a complaint before the Consumer Forum against the State's Chief Information Commissioner for keeping the Appeal u/s 19(3) RTI Act pending for the last 2 years without deciding the same? My question is that who is the responsible person for deficiency in service? Is it the SPIO/CPIO for not supplying the complete information or deemed refusal in supplying the information or the 1st Appellate Authority for supporting the conduct of the SPIO or the Chief Information Commissioner for keeping the matter pending for 2 years by not disposing of the same or all of them? Should all of them be made party? Or when the SPIO and AA have disposed the application u/s 6 and 19(1)RTI act then what is their deficiency in service? I believe that the CIC is only responsible for the delay and he should be made the party for not deciding the same. One official of the CIC (WBIC) said to me that there is no time limit for the CIC to dispose any Appeal under section 19(3)RTI Act hence no illegality has taken place. What is the opinion of the Learned Members? Kindly guide me.