4WhatIsRight
26 August 2017 at 16:59
I am a plaintiff in a suit for specific performance, in which hearing is yet to begin.
To prove my readiness and willingness to perform my obligation, I want to deposit the consideration with court.
How do I make an application and under which provisions?
Do I need to deposit the money with court registry or can I give a continuous bank guarantee?
If I have to deposit the consideration with bank / court who will enjoy the interest? Because property is being enjoyed by the defendant...and matter may go on for years.
shailendra jaiswal
26 August 2017 at 12:15
by mistek my cast written goad instead of kalar (original cast) in primary school which continue reflect my all school documents
so please suggest me to how change my cast
Ankit
25 August 2017 at 20:48
I am petitioner in civil case in the court of Civil Judge Junior Division . In the case evidence of one witness is complete and almost done for second witness. The evidences were going against the defendant so defendant filed an application for amendment in his cross pleading( jawab dawa).
Judge passed an interim order and allowed his application for amendment under order 6 rule 17.
Now I want to go for revision, so where can I file the revision District Judge or High Court?
kishore patel
25 August 2017 at 18:54
Our landlord is a Trust. Property is in Mumbai. The Trustees have been randomly transferring premises without entering and registering Tri party Agreement and thus pocketing the huge Transfer Amount without showing it in trust account/income. Apart from Charity Commissioner, which are the other Government Authority offices with whom a beneficiary can file a complaint against such unregistered transfer of Tenancy?
Rajesh Sharma
25 August 2017 at 00:05
My neighbours are stopping me to park my car in the street vacant area. They park their car in the street itself. They r complaining in MCD or Delhi Police. As far as my knowledge they cannot stop me parking my car there. I would like to go in the court bcoz . What should I do ?
Rohan
24 August 2017 at 19:31
dear sir/madam
what is the remedy available to the estate agent on non payment of brokerage amount to him by the purchaser?
suraj
24 August 2017 at 10:19
My neighbours making the environment unlivable by using exhaust from 2 year i told him many time to do somthing on exhaust but he ignore every time and he talk with me with disrespectfully at 5 days ago she maked quarrell with me what i do i want to take an legal action on +er please suggest me???
MD.HALIM KHAN
24 August 2017 at 02:34
If someone got married by performing nikah
and got nikahnama from kaji.
Now how can he get registered his marriage in government books of Registration of Marriage.
Sudhin2218
23 August 2017 at 10:05
Hello All
We have a property of 100X40 residential site. it was originally purchased by my grandmother and father jointly in the year 1948. In the year 1991 my father passed away his undivided share devolved to me, my mother and my 3 sisters. Though there was no partition my grandmother sold her half share of the property to stranger. Stranger has filed a partition suit which is currently pending before the court.
In addition to that my grandmother filed an another case in 2007, asking a relief of partition 7/12th of the schedule A property (she has right of half share (schedule B) of schedule A property and also 1 share in my father's share property(schedule C)) and put Stranger in possession schedule B property (which was sold by my grandmother) . In the plaint copy Schedule explained as below.
Schedule A: 100 X 40 site (entire property)
Schedule B: 50 X40 site (My grandmother's share of A schedule property, which was sold to stranger)
Schedule C: 50 X 40 site ( My father's share of A schedule property)
Since was not in town, we didn't contested the case properly. there was preliminary decree judgement came in partially favor of my grandmother as below.
My Grand mother is entitled for 7/12th Schedule Properties.
Schedule B property cannot be allotted to stranger, as Property was sold before the partition.
We were not aware of this judgement. Now after the death of my Gramdmother, Now Plaintiff filed a case (in year 2017) for Final decree proceeding based on "My Grand mother is entitled for 7/12th Schedule Properties." preliminary decree. Now we got to know about this judgement,
My Question is:
I read the entire Judgement. In the Judgement Summary, Hon'ble Judge has clearly mentioned that they are decreeing suit excluding schedule B property and my grandmother is entitled for 1/6th share in father's share (schedule C property).
However in the decree it has mentioned has "My Grand mother is entitled for 7/12th Schedule Properties"
Instead of mentioning only 1/6th share of schedule C property. where it mentioned as schedule properties , which includes schedule A, Schedule B and Schedule C. which is a huge error committed by Judge.
Plaintiff has also wrongly pleaded the total share of the A schedule Property. Because of the following reason.
A schedule property (100X40) was jointly purchased by Plaintiff My grand mother and My father, Both entitled for half share of Schedule A property. Further on the death of My father (year 1991), It is the contention of plaintiff being the mother of My father she also entitled of 1/6th share along with defendant 1to5 (wife and children’s of My father) in my father’s half share of Schedule A property.
Now If we look the number of shares in the schedule A property. One Half share of Plaintiff My grand mother (Schedule B, which already sold to Stranger) and total 6 shares in Father's share.
However Plaintiff filed original suit to carve out of 7/12 shares.
Total number of shares cannot be 12 at all.
Since this decree is in favor plaintiff. there are very much silent about this preliminary decree mistake. Plaintiff has file for Final decree case based on this faulty decree.
How this preliminary decree can be corrected now during Final decree proceedings? As time has already barred to appeal against preliminary decree.
Looking for your Valuable advise, Thanks.
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Error or mistake made while drawing the preliminary decree
Hello All,
Need a quick help..
We as defendants noticed that preliminary decree points not matching with judgement summary of preliminary decree judgement ..
Can this be corrected at the time of Final decree proceedings by invoking CPC 151 and 152 ?? As time already lapsed to file an appeal against preliminary decree judgement. The present suit is a partition suit.