jaideep
28 September 2021 at 14:50
Dear experts i want to know which book to purchase for legal drafting of deeds, will....etc
Ranvijay Chaudhary
27 September 2021 at 17:28
Dear Sir..
No Notice came to Respondant no 1 to 3,
So In the date order the court wrote " Let, notice to the respondents No. 1 to 3, be issued for 1.10.2021 through RC-AD Post, on filing of copy, within seven days. No further opportunity shall be granted, to submit the copy of Appeal, on the prescribed pro-forma."
What is the meaning of this sentence.
Balaji Bakthavathsal
27 September 2021 at 13:07
Dear Learned Lawyers,
In a Civil Suit on an immovable property, as the respondents abstained from the court proceedings, the court awarded ex-parte judgment / decree in favour of the plaintiffs by granting a permanent injunction restraining the respondents not to interfere in peaceful possession of the property by the plaintiffs. At the same time, one of the respondents filed a separate civil suit on the very same property seeking partition which got dismissed by the other court stating that the plaintiff has got no right over the property as she failed establish the facts. While both the suits were filed in the same year, the ex-parte judgment delivered first and after a couple of years the partition suit judgment was delivered.
The person who was awarded permanent injunction in the ex-parte judgment neither contested the suit nor challenged the ex-parte judgment by filing an appeal.
On the contrary , in the suit filed by her seeking partition, she had filed an appeal in the District court challenging the dismissal of her petition and also filed an I.A. seeking stay for the sale of the immovable property.
In my view, the stay sought by her through the IA is not sustainable as she has been awarded permanent injunction which was not challenged by her.
My doubt is whether the IA petition tantamount to res-judicata ? Whether it can be opposed in the appeal ?
Please quite the citation if there is any.
Thanks & Regards
B.Balaji
bhanu pratap720
27 September 2021 at 12:28
Kindly cite some practical examples of ' proper party' .
Is there a difference between a pro forma defendant and a proper party or are they the same ?
Sushil kumar
26 September 2021 at 20:03
Dear Sir,
Please inform what is "Lucus Standi"
Thanks and Regards
Sushil Mehta
Ritesh Rathod
26 September 2021 at 18:54
Dear sir,
I want to issue notice to Gram Panchayat for filling suit for compensation my question is notice to be address to sarpanch, Gram Panchayat or only to Gram Panchayat? Actually Notice i already addressed to Sarpanch Shree, Gram Panchayat.
Anonymous
26 September 2021 at 17:10
Hi,
My society has 100 flats and all of them are giving maintenance to them in cash .During pandemic also they force to give in cash and deny accepting payment in gpay or internet banking. Even if someone had covid once he recovers he shouts at them and ask for cash.
what could be the reason. Are they doing this to evade tax. Secretary is an uneducated unsocial person. What can i do to make him understand what he is doing is wrong?
Anonymous
25 September 2021 at 21:02
Respected Experts,
Can an Individual Person, a single parent Adope a child of an age gap of 15 years difference between them.
if yes then under which law and what is the process for the adoption?
Niranjan Kumar
25 September 2021 at 18:30
My father had sold some land to pay some personal loan of a elder son. The fact is mentioned in the registered sale deed. I want to know that during partition, such portion of land can be reduced in the share of elder son or not?
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How to file appeal
Respected Experts,
Plaintiff filed declaration of title and possession of suit property in Senior Division as spl. c. .s.
In that defendant's submitted pursis as well as Affidavit's of Undertaking that they won't sell property but if neighbor start construction defendant's will do repair or construction of that portion as if necessary.
Plaintiff took objection on this pursis as well as Affidavit of Undertaking by submitting application that defendant's won't have right and title in property. Plaintiff only the owner of property and without Plaintiff written consent and court as well as municipal corporation permission they can not do any repair or construction in suit property. So Plaintiff prayed in application that do not consider affidavit as part of evidence, it is illegal so Plaintiff object it and reject this Affidavit of Undertaking.
Now honr. court ordered that application is FILED saying pursis is just information to the court it cannot be accepted or rejected.
But honr. court ignored the main thing that Affidavit of Undertaking and ignored in there order. Also instead of accepting or rejecting application they ordered it as FILED.
When we request to honr. court that instead of FILED please order on application either accepted or rejected by reconsidering the order, but honr. court saying to go appeal if not satisfied.
we want to file appeal.
But, The current application is not a interlocutory or injunction application. So, We need information:
Confusion is Under which section or order we need to file appeal?
Which kind of appeal we need to file either appeal or review or revision? and
What is its jurisdiction of senior division order to district court or directly high court.
which type we need to file Civil Misc. Appeal or Civil Revision or Regular Civil Appeal?
Kindly help us for this complicated issue.