JTONPR
19 October 2018 at 14:13
In a suite filed by plaintiff Mr A against respondents X,Y and Z seeking injunction in a matter related to a plot of land, Mr A died before framing of issues leaving behind one Son "S" and one Daughter "D". Within due time S filed an application in the court praying substitution of his name as plaintiff in place of his father's and also praying for addition of his sister D as respondent no.4 claiming in the application that she is not interested in appearing in the court to become plaintiff no. 2. Plz guide in the following -
1) How could D be made respondent as she is the legal heir of the plaintiff.
2) How can S, the proposed plaintiff pray for adding D as respondent in that still he is not substituted as plaintiff.
3) Upto what extent the claim of S that D is not interested in becoming plaintiff is maintainable since she has still not said either Yes or No in the court.
Anonymous
18 October 2018 at 09:01
Is is possible to apply for amendment in already filed amendment application?
Is it possible to apply for amending the date of already filed amendment application?
Is it possible to apply for amendment in already one time amended application?
Anonymous
17 October 2018 at 23:24
I am a working woman separated from my husband. When we were living together, I used to receive salary in cash while my husband salary was credited to our joint account. As per our mutual understanding, my salary was used for household expenses while his complete salary was deposited in our joint account. After a dispute between us, he has freezed the joint account. Now, I am left with no savings, while our joint account has 20 lakhs rupees. Despite being a joint account, my husband is refusing to give me any share and states that he has documentary proof that whole money in saving account is from his salary and the court will not recognise any oral understanding. Can I file a case claiming fifty percent share in the joint account? Can my husband claim complete ownership of the joint account money by proving that all the money was credited from his salary?
Raj
17 October 2018 at 00:50
Can share in Joint account be claimed by filing suit of partition
divyanshu
16 October 2018 at 19:09
Sir,
The action under SARFAESI by the bank, against the guarantor is time-barred due to 12 years limitation? What is this time barred means -
a) An action under the SARFAESI is time-barred. or
b) The realization from the mortgaged property is time-barred.
c) What about the DRT proceeding how they recover after issuance recovery certificate?
d) Whether Bank has to return our property papers, if yes, how can we proceed?
e) If no, then what is the purpose of limitation act or the limit of 12 years?
Ref:W.P. No. 16511 (W) of 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Dr. Dipankar Chakraborty
Vs.
Allahabad Bank & Ors.
Ranbir
16 October 2018 at 18:40
Can one file recovery suite in high court before approaching district court
Madhu Mittal
16 October 2018 at 13:38
A loan is given to Mr. borrower on 25.04.2017 by taking in repayment a post dated cheque dated 25.04.2018 when presented on its date, it returned with remarks a/c freeze. It has come to our knowledge that he expired on 21.03.2018 i.e. before presentation of cheque in Bank on 25.04.2018.
Whether suit under Order 37 CPC can be filed on behalf of this returned cheque of borrower against his legal heir i.e. wife.
sohail
16 October 2018 at 12:36
What will happened in Execution Petition. Step by Step Procedure in Execution Petition (Execution of Decree)
Monika
16 October 2018 at 11:49
What to do ,when father died in 2013 and we have two married sisters and widow mother
after father dead ,younger sister convenience mother and in dwelling house ,she said her share is 2/3 and both sister share 1/6=1/6 due to spend some money in house construction by selling gold jewellery ,what to do
share with any judgement of supreme court
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Amendment of age
Mr D has filed an application on dated 09.01.2013 on affidevit stating his age as about 41 in which he prayed for substitution of his name as plaintiff in place of his deceased father, the original plaintiff. Application is still pending and substitution is still not allowed (due to technical difficulties regarding A's sister) and after about passage of 6 year he moved an amendment in his first application seeking amending his age to 47. Plz guide in the following-
1) How can age be modified when date of application and affidevit is the same and amendment is not sought in date.
2) Is the date is also amendible.
3) If A moves to amends the date also then will the case be barred by limitation act which imposes 90 days time for moving substitution