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amol   15 February 2014 at 10:33

Specific performance sec 15 and 19 issue

Sirs
I was a developer my Development agreement was illegally /purportedly terminated by Society and society illegally appointed another developer.
Suit was filed for seeking various decalrations and for specific performance of contract of performance of Development agreement by society with me i.e. Developer

initially when the suit was filed the BMC was not a party to the suit but Mhada was.

inspite of issuing legal notice and objections IOD was issued illegally to new developer by BMC.

A writ was filed in the High court against the BMC and its officers challenging issue of IOD to new developer seeking main prayer therein hearing was not given and cancelling IOD issued to new builder.

But the said writ was withdrawn by previous lawyer by seeking a liberty to file a notice of motion in above suit knowingly that BMC was not made as a party in the suit.

the above all are the facts now the Question is
whether in view of sec sec 19 and 15 of Specific relief act and Judgement in 2008 of A Kabir in Bharat_Karsondas_Thakkar_vs_M-S_Kiran_Construction_Co._&_Or in a suit for specific performance of contract i can make a BMC as party to the suit by moving a chamber summons in view of the liberty sought while withdrawing the aforesaid writ petition


please answer. this is a very vital question ? can BMC and Chief Engineer and Ex Engineer be made as a party now in a suit for specific performance to seek injunction against them and to cancel IOD and CC and PLan ??????








sk..........   15 February 2014 at 08:29

I.a is dismissed

The I.A filed is dismissed in lower court ,can I file appeal in district court or
should I file in high court.

Dhruvik   14 February 2014 at 22:39

Legal divorce

Is divorce legal on a rs 100 Stamp paper

bala   14 February 2014 at 17:36

Property rights.......

Respected sir / madam,
One man used in village nattam land above 10+ years. After that he builds a home and got property tax receipt and EB receipt.
Questions:
1. Whose owner of this land that man? Or government?
2. If that man is owner, why? What rules?
3. Will take government this land or not?
Thanks & Regards…..

sandeep rane   14 February 2014 at 12:40

Framing of suit

while framing suit I want to keep certain evidence in dark from defendants because defendant not aware that plaintiff is in possession of that evidence. and plaintiff want to disclose these evidence after defendant file their statement. Is it possible ?

For e.g.

A is plaintiff and B & C are defendant.

A & B are the co-owner of property.

in January 2009 B took token from C to sell this property to C without the knowledge of A.

after that B & C forced A to sell this Property to C. A refused.

In February 2009 B dispossession A and locked the property's

A file complaint under 145 ant criminal complaint privately because police did not took complaint

March 2009 B & C prepare agreement to sell this property to by showing entire property of his alone.

April 2009 A too k possession of property which was locked at that time forcibly again dispossession A. case 145 was pending.

may sale deed was prepare

in June 2009 property was transferred on the name of c by government department in spite of knowing that case 145 is pending.

July 2009 A withdraw complaint 145 and criminal complain and file civil suit in which c was not party. only B was party.

B did not respond to notice matter was proceeded ex-parte against B. and chamber summon to add c as party issued

C replied to Chamber summon that do not know who is A and claimed that in March 2009 C meet B and C has purchased said property from B legally.

sep 2009 plaintiff withdraw suit to file fresh on same cause action with permission of court.

after that plaintiff managed to get receipt and any other document which defendants trying to hide and defendant do not have idea that plaintiff is in such possession of such document which defendant are hiding and Defendant think that they only in possession of these document.

receipt shows that C give token amount to B in January 2009.

in the reply to chamber summon by C said that he come in to contact with B first time in March 2009.- false which is easy to prove with the help of Receipt that C give token to B in January 2009.

Therefore plaintiff now while filing new suit only want write that defendant c come to contact with B and give certain amount to B.and will not attach this receipt as proof and will not say anything clearly and plaintiff think that defendant c again say that he come in to contact with B in March 2009 in reply to the summon and then plaintiff will produce receipt and prove that C give token in January 2009 to B and was involve with B in dispossession by B.



Is it possible to do or plaintiff have to state clearly and attach all these document while filling suit which he wants to keep secret from Defendant till their reply.

sandeep rane   14 February 2014 at 11:50

Notice under section 80

to file notice under section 80 what point should be included and given importance ?

sandeep rane   14 February 2014 at 11:27

Court fee

We want concession to pay court fee in civil case it is 20000 but we want to file suit now by paying 5000 and 15000 after six month is there any procedure to seek time and is it possible to do so we do not want to file pauper suit because it is time consuming ?

Annu   14 February 2014 at 09:06

Out of 3 only 1 is responding.

sir i have entered into an agreement/contact with regard to a flat.they are joint sellers(father,mother and son).
i have send them a letter for getting sale deed registered which has been pending for long.
i have received reply which has been only signed by son.
is it legally valid or there are some malafide intents of the sellers(joint sellers).

sk..........   14 February 2014 at 08:43

Evidence .

In civil suit the trial is posted for evidence , i have to file evidence,
what is the time limit ,can i seek
adjournments how many chance is given to file evidence.

sk..........   14 February 2014 at 08:37

Stay petition

I have to file petition [in person]to stay proceedings till pendency of appeal ,
what is the u/o rule ,section to be mentioned pl advice.