Mr Sreejit
08 July 2018 at 20:08
Dear Veterans and Experts,
Greetings from Sreejit,
Can anybody pls explain if a suit instituted with infirmity as described under O 4 R 1, it., if O 6 and/or O 7 not duly complied with, it is said in O 4 R 1 (3) that the 'The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2)'
Does this mean the suit is liable to be dismissed and the infirm Plaint 'In-Limine' liable to be rejeected/dismissed ?
By any measure, the impositions under O 4 R 1 r/w compliance to runes under O 6 & O 7 amounts to the effect of REJECTION OF PLAINT O 7 R 11 (d) which states 'where the suit appears from the statement in the plaint to be barred by any law;' [whereas, law, here include CPC O 6 & 7 too]
Any clarification required is welcome.
One request to experts, please avoid comment as 'I GO WITH THE EXPERTS' it is so awful one.
Thanks,
Sreejit.
Swapnil
08 July 2018 at 18:20
RES. SIR
I MA DEFENDANT IN DISMISSED SUIT, NOW I WANT TO RECOVER EXPENSES AMOUNT AND FILE HARRASHMENT CASE
CAN I AM FILE IT MY HOME TOWN, AND WHAT IS TIME LIMIT
PLS GUIDE
Anonymous
08 July 2018 at 15:01
Assalam o alaikum learned members of the club, I have a problem to be resolved. A person was a party to a civil suit. he was being represented through a special attorney. during the pendency of the suit, he absconded in a criminal case. the opposite party in the civil suit filed an application that since he had absconded, therefore, he could not pursue his civil suit. the objection was overruled by the trial court. now a civil revision petition under section 115 of the CPC is filed to seek reversal of the order of the trial court. guidance is sought can the attorney constituted before the person absconded, would be valid, what would be the fate of his civil rights etc?
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=844219
K K S V SOMESWAR
08 July 2018 at 12:51
Respected Experts,
Good morning.
Mandal Revenue Officer (MRO), Hyderabad gave a legal heir certificate for claiming family pension. On the top of Legal Heir Certificate he wrote 'for family pension purpose'. The legal heirs of the deceased are wife and daughter. this was mentioned in that specific legal heir certificate. Will that specific legal heir certificate given for the purpose of family pension is valid for other general purposes also ? Kindly provide your expert opinion.
Anonymous
08 July 2018 at 12:24
Assalam o alaikum learned members of the club,
I have a problem to be resolved. A person was a party to a civil suit. he was being represented through a special attorney. during the pendency of the suit, he absconded in a criminal case. the opposite party in the civil suit filed an application that since he had absconded, therefore, he could not pursue his civil suit. the objection was overruled by the trial court. now a civil revision petition under section 115 of the CPC is filed to seek reversal of the order of the trial court. guidance is sought can the attorney constituted before the person absconded, would be valid, what would be the fate of his civil rights etc?
Bharati
07 July 2018 at 22:45
My father in law made a registered will we have applied for probate in 2016. In sister in law filled a caveat without affidavit the prothnotarry given him time for filling affidavit they have not filled affidate the matter goes.for summons issued after as disposed but they filled debate but we have not received cevate paper how we can get that what will be the next pross
Arun Kumar
07 July 2018 at 22:13
'A' father gifted his immovable property to 'B' son.,through irrevocable gift deed.
On the next day itself he cancelled the gift deed unanimously and gifted the same property to ' c' another son.
B filed a declaration suit asking to declare the cancellation deed and the gift deed excuted by the father 'A' to 'C' null and void.
B was succeeded in the case i.e in the sub court and the district court.
Now the matter is pending before high court for second appeal.
Meanwhile B Applied for patta transfer based on the decree of the district court.
But the tashildar rejected the application stating that "the matter is pending before high court,so we cannot issue patta".
1)Can a tashildar reject the application of patta transfer if the suit is pending before high court for second appeal?
2) if not what is the remedy?
Anonymous
07 July 2018 at 11:44
Dear sir,
I was working for Sopan O&M Company Pvt. Ltd. for almost 2 and half month as Mechanical Engineer (Lead). Due to some personal reasons i had to resign from the company and in my last month i had worked for 15 days of May 2018. And now i am asking them to issue my 15 days salary they are not issuing it giving reason that I did not complete notice period. Even after send the resignation letter, they did not tell me any notice period. But the fact is I was on probation period and I did not have any notice period for it and even they did not give me an appointment letter. I have only my bank statements, and mail statements so please advise me how I will get my salary from that company.
Please help me with the same what should i do because I cannot leave the lot of hard earned money. I don�t want to leave my salary.
Regards,
Pallab Jana
c.j.sharma
06 July 2018 at 14:25
sir/madam,
In our sale deed their is a common lane between the two plots. and our sale deed is executed in 1976.The map was also attached which is given by the trust.Whereas in other sale deed their is no common lane and the sale deed is executed in 2003.The common lane is indicated in all the documents excluding the sale deed of other party.Is the common lane be sold by the trust.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Cancellation of decree
Under which Provision a Decree(other than compromise decree) can be cancelled by a civil court, whether such suit can be filed in civil court?
Note.
Party applying for cancellation of Decree was not party in suit but decree was made which resulted in eviction of house
is there any option other than Order 21 Rule 97 available ?