Swarna kamal Chandra
26 March 2017 at 23:31
We filed an ejectment suit, runned on ex-parte and decree was passed. One of the defendent/judgement debtor, who was a married daughter and who didnot resides in the suit premises died before passing the decree. As per sec 2(g) of the west bengal premises tenancy act 1997, married daughters who does not reside in the suit premises is not a necessery party. Will the decree as a whole be null and void? PLease reply.
sudhirghabasu
26 March 2017 at 20:45
sir/madam., good evening to you all. i am sudhir adv. from chennai. The Plaintiff had filed a Money suit under order 37. the Defendant had not appeared before the court. procedure under rule 3 of order 37 not complied by the defendant. suit was decreed in favour of the plaintiff. Execution petition was filed by the Plaintiff. Now attachment will be ordered. only at this time the Defendant is approaching me to save.
1. whether i am entitled to file a set aside petition to set aside the exparte decree. If yes what is the procedure.
2. whether the e.p can be stayed if set aside petition is filed.
3. under which provision of c.p.c i am entitled to file the set aside petition. under order 37 rule 4 or else any other provision. Pl help me with relevant judgments.
the Plaintiff had already received the money. Despite of that, forged his signatures and foisted a false document i.e. a promissory note forging the signature of the defendant he has filed the suit. though these are points for trial now i have to enter into the case. therefore i require your help.
sudhirghabasu
26 March 2017 at 20:30
sir, best wishes to you all. this Sudhir adv. from chennai. in a specific performance suit i am for the defendant -vendor. the defendant-vendor entered into an sale agreement with the plaintiff on 20.06.20007. paid an advance of rs.100000/- sale consideration is Rs.451000/- issues legal notice on 29.10.2017 i.e., after the expiry of the sale agreement. sale agreement expires on 20.09.2017. Plaintiff-purchaser filed suit for specific performance insisting to execute the sale deed. In the mean time on 10.09.2008 the Defendant executed sale deed in favour of another person.
1. The Plaintiff had issued a legal notice after a lapse of one month period from the date of expiry of the sale agreement. whether such legal notice is valid.
2. time is the essence of contract, whether the rule is applicable to this case or not.
3. now the suit is decreed in favour of the plaintiff.
4. execution petition is filed an pending. Now i am going to file a section 47 application.
though i searched i was not able to find any relevant judgments in favour of my case. So i need your help.
Thanking you with regards
sudhir
sudhirghabasu
26 March 2017 at 20:25
sir, best wishes to you all. this Sudhir adv. from chennai. in a specific performance suit i am for the defendant. the defendant entered into an sale agreement with the plaintiff on 20.06.20007. paid an advance of rs.100000/- sale consideration is Rs.451000/- issues legal notice on 29.10.2017 i.e., after the expiry of the sale agreement. sale agreement expires on 20.09.2017. Plaintiff filed suit for specific performance insisting to execute the sale deed. In the mean time on 10.09.2008 the Defendant executed sale deed in favour of another person.
1. The Plaintiff had issued a legal notice after a lapse of one month period from the date of expiry of the sale agreement. whether such legal notice is valid.
2. time is the essence of contract, whether the rule is applicable to this case or not.
3. now the suit is decreed in favour of the plaintiff.
4. execution petition is filed an pending. Now i am going to file a section 47 application.
though i searched i was not able to find any relevant judgments in favour of my case. So i need your help.
Thanking you with regards
sudhir
G Ramjee Ambedkar
25 March 2017 at 23:25
Hello, in a partition suit the plaintiff filed suit for partition and not alienate property and he stated his father died intestate. The honourable court grant status quo, he also filed to appoint receiver and it is pending. The plaintiff didn't add married daughter as party. The married daughter filed add party petition and it is allowed, but the plaintiff didn't amended plaintiff and didn't file best copy. In-between plaintiff created another will basing on will he settled some properties in the names of his minor sons. Now he wants to withdraw the suit. The daughter add party ordered but neat copy was not filed. Can daughter transpose as plaintiff to continue the suit?
davy
25 March 2017 at 15:06
We are having a Case with state govt. And in the last hearing as on 12march State Govt. Asked a tym of one month to file the reply and Case Adjourned to 18May. But Yesterday as on 24th March The state Govt. Has Submitted da reply in the Court. So is there any way that by filling any application or CM we can have arruguments in April because Date is on 18May. . Thanks
MamP
25 March 2017 at 15:05
Good Afternoon everybody,
I want to understand the best solution to address the below issue:
1. I have received a private notice from Mr.X to be present in court within next 2 week.
2. I stay in North India and the court case is filed in a Tier-2 South Indian city.
3. This is related to an agreement with Mr.X where we was supposed to honour his responsibilities to close a land deal.
4. When our party realised he is not performing any of his duty, we tried to discuss to close it amicably as he is a very politically connected and influential businessman.
5. But he send us a private notice to be present in his city.
Questions
1. Due to my personal responsibilities, I have plans for the next 2 months. I want to understand if I have to be available on the same date as mentioned in the notice or if I can delay it to match my availability.
2. Also, since I am staying very far from the city where case is filed, what is the best approach? We don't know any lawyer there. And above all, Mr.X is a very politically influential person - is it possible he can influence any local lawyer?
3. If there is no agreement reached after the initial meeting (as what we expect) and a case is filed by us or the other party, do we need to be available in the court as I live very far in North India as it will impact my daily life?
yash
25 March 2017 at 14:06
In how many cases a particular party can appoint same person as arbitrator ? As in my case the opposite party (bank) had received an ex-party award against me from the Sole Arbitrator who was appointed by them only. I have filled objections u/s 34 which are pending in court. Meanwhile I came to know that the sole arbitrator appointed by the bank is acting as IN HOUSE ARBITRATOR of the bank as he had done more than 30 arbitration cases of the same bank. So plz help me with your expert opinion. Any particular Supreme Court guidelines on the matter ?
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will
My father mother has given a will on my mothers name in 1981.my mother gifted me in 2001 and registered on my name from 2001.my father brother daughters have made partition suit.will is unregistered and I have mortgaged in bank in 2015 .they are saying they are not aware of property transfer till now and challenging me