SRIBHASHYAM MURALIDHAR
12 December 2013 at 23:35
'A' filed suit against his father 'B' and another for partition of suit lands. After filing of the suit 'B' died. 'C' being the daughter and one of legal heirs of 'B' filed petition to implead her as Defendant in the said suit. The Court allowed the said impleading petition. 'A' did not carry out the Plaint and did not choose to file Amended fair copy of the Plaint. The Court gave reasonalbe opportunity to 'A' to amend the Plaint. After that the Court dismissed the Partition suit in default.
My Query is, Whether 'C' has any right to file petition Under Order.9, Rule 9 C.P.C.,to restore the suit?
ABHIJEET
12 December 2013 at 19:41
plz tell me on which CPC order or section i can file cross objection in appeal n also told procedure .if any one having cross objection appeal format than plz send me on my email ..
ANKAN CHAKRABORTY
12 December 2013 at 19:33
Respected Sir,
We want to give boundary wall on one side but our neighbour is saying that we have occupied 10 inches of their land and so they will not allow us to give boundary wall.We told that we will measure the area of both the plots to get a solution but they are also not agree with us.What legal steps we can take against them so that we can give our boundary wall.
Sadanand B. Panchal
12 December 2013 at 17:46
Respected Experts,
In the matter of Mumbai Municipal Corporation candidate elections among two O.B.C. ladies candidates one candidate X elected with higher votes against candidate Y. There was inquiry by the State Government in respect of many OBC candidates who have submitted documents to prove their Cast. Thereafter Election department stayed process of issuing validity Certificate to the Cast of all the candidates excluding X and Y. When the matter was reached before the Hon’ble Supreme Court all the cases of candidates were tagged together for decision for unlimited time.
So far as the candidate X is concerned after election X became the Councilor of the Ward and still is on duty. Y lodged a complaint under Section 156(3) of CrPC against X before Hon’ble Metropolitan Magistrate Court for offence of obtaining Validity Certificate of Cast by submitting forged documents, the Court initiated proceedings under Section 202 of CrPC wherein Police after making inquiry filed report before Court that the documents submitted by the X candidate for obtaining Validity Certificate were forged one. In spite of this the Court not taken any action against X therefore Y preferred Writ Petition before Hon’ble High Court. Hon’ble Justice Shri A. S. Oka passed order and directed Scrutiny Committee for making inquiry of Validity Certificate of X and for filing report within four Weeks. Thereafter X preferred SLP before Hon’ble Supreme Court and upon hearing Chief Justice of Supreme Court stayed the Order of High Court directing inquiry to Scrutiny Committee and the matter was ordered to hear alongwith other identical matters filed by the State Government.
Recently the Government issued Cast Validity Certificate in the name of Y Candidate. On the other hand Police report states that X candidate has obtained Cast Validity Certificate with submitting forged documents. The X candidate in spite of not having valid Cast Certificate, still remained on duty of Corporator to the Ward. Inquiry concern with the Validity Certificate of X is stayed by the Hon'ble Supreme Court in spite of there was order by the Hon’ble High Court for enquiry which was valid under Law. Two years lapsed but the X candidate cannot be removed from its Post for offence of submitting illegal Validity Cast Certificate. Y candidate is deprived of its right to elect having Valid Cast Certificate.
Kindly inform me a solution for setting aside Order of Supreme Court prohibiting inquiry of candidate who had obtained Cast Certificate with fraud. Is there any different solution in this matter kindly inform me.
Regards,
Sadanand B. Panchal
Anjali Arya
12 December 2013 at 16:19
JD has to vacate Suit Property and Hand Over Keys to DH.
Does handing over keys means Delivery of Possession ?
Rohini
12 December 2013 at 15:36
when a defendant can file a petition under section 45 of Indian evidence act, at what stage in the suit the application can be moved, is there any specific stage to file the application under section 45 of Indian evidence act, whether if trial starts, or after completion of evidence of plaintiff, pleases suggest me.
Member (Account Deleted)
12 December 2013 at 14:42
To Raise funds by way of Corpus, can housing society sale Stilt/parking area, rights on recreation ground and basement to the Developer by passing a majority resolution in the General body meeting? Is this legal?
Rohini
12 December 2013 at 14:27
Sir,
The plaintiff filed a suit for eviction against his tenant, subsequently tenant filed another suit for injunction against his owner, these two suits were tried together and one judgment delivered, in which the suit of eviction was decreed and suit of injunction was dismissed. Subsequently the tenant preferred an appeal upon two suits, in which again the appeal was dismissed. Subsequently the tenant will prefer second appeal only for the injunction suit , but not eviction suit, kindly suggest me whether the suit will be barred by resjudicata or not, if so what steps have to be taken by the owner.
Anjali Arya
12 December 2013 at 13:58
A Judgment Debtor is bound to vacate Suit Property.
During his occupancy, he erected a room on First Floor and let out on rent. (We did not know about this, before the Decree was passed)
Now a person lives in that room and he is not bound by the Decree.
Whether it will create some problem in execution of the Decree ?
What to do ?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Harrasment by neighbour
Dear Sir,
Good Morning!
I would like to seek your expert opinion.
I have took ground floor of a house from the one brother in 2003 who took this floor from his elder brother in 1997.
I have re-constructed my independent floor and shifted with family in 2004.
I don’t have any problem with any of our neighbors (Adjoining), Except family of this another brother residing at second floor. This family members are creating nuisances. By his Son 18.2 year old, Daughter 14 years and wife.
• They are disposing the drainage water through clearing their window and balcony wall and also by putting their cloth for dry on the balcony walls from the top (second floor) to the front and back yard of the street, upon our car park outside our gate and cloths lying on the back yard.
• These family members are habitual to make false allegation or frame misleading complaints to the authorities such as false blames of sexual harassment/assault and eve teasing to female members of Malik’s family, child abusing & physical assault etc. His wife made two to three time false complaint against us which we have responded back to police station with witness of our neighbor. These families are used to threaten us to get ready to hold behind the bar and openly claiming that they will do like that only and they don’t bother for any complaint as “Police and other authority will only support them”. I have made complaint to Local police station, personally mat with SHO but no action taken till date.
• This family always start fighting with lowest degree of abusive language whenever any guest or utility service provider i.e. Dhobi, Paper vendor, Sweeper, Car Washer, gas delivery man, courier agent, postman etc. knocks our doorbell or passes thru the road or stand in front of this house from their balcony.
• His son along with daughter are used to stand on the gallery of ground floor and move in that gallery for 1-2 hour frequently and try block the passage by not giving the pass through and insist to pass through our other gate i.e. drying room –adjoin to gallery.
• This family members hit our main gallery door and entrance door adjoining to the staircase and close these gates very loudly whenever they passes thru the gallery. They always try to destroy and break these doors from outside, and use very abusive language whenever we protest the same.
• Entire family members often play loud music which causes disturbance to all members nearby and resident of ground floor for whole day. We have personally request number of time to keep it low but in vain.
• I have already installed the CCTV in front of my house but there is no terror of any recording by the family.
• This family says that they are the first and actual owner of the house so that we have to follow this family and live as they want.
One time in 2011 entire block visited to local police station to file the complaint and two to three time since 2011 to 2013 I personally file a complaint against this family but no action taken by the police station.
Please let me know if there is any solution for the same. I do not want to put any case in the court because I could not take leave from my office.
Thanks and Warm Regards