kannan
09 January 2016 at 22:43
I bought a land from its legal owner. I calculated the area of the land based on the patta and the measurments given the land suvey map of revenue department. Now the neighbor does not agree with the boundry. What is the legal position/soltion.
rahul
09 January 2016 at 21:35
Sir,
This is a fresh suit filed after withdrawing earlier suit with liberty to file fresh suit.
In earlier suit there were three defendant A, B, C.
D & E are the legal heirs of A.
After serving writ of summons in earlier suit, Plaintiff came to know that Defendant A has died & hence while filling affidavit of service, Plaintiff advocate informed to the court that Defendant A has died & Plaintiff advocate asked for time from court to file Chamber summon to bring legal representative of A on record & court gave the time for the same. This is a point 1
Thereafter Plaintiff could appoint lawyer due to financial problem & hence court appointed lawyer from legal aid.
Lawyer from legal aid file chamber summon for deleting the name of Defendant A. (but not for bringing D & E legal representative of A on record). Court allowed the chamber summons but legal aid lawyer did not make changes in the plaint by remaining absent. There is no careless on the part of plaintiff as plaintiff on time to time present before the court.
Finally court kept the matter for evidence as plaintiff failed to carry out amendment even after allowing chamber summons.
Thereafter new lawyer was appointed from legal aid & new lawyer informed to the court that earlier lawyer failed to take proper steps & applied for withdrawal of suit with liberty to file fresh suit. This is a point 2.
There is a gap of 3 years in point 1 & 2. During this 3 years chamber summons was pending.
Court allowed to withdraw suit with liberty to file fresh suit & observed that ''perusal of record would reveal that the advocate for the plaintiff had not taken proper steps and in such circumstances, it will not be justiciable to throttle the grievance of the petitioner without adjudicating it in accordance with law & as such I allowing the application’’.
Thereafter plaintiff filed fresh suit making D & E (legal heirs of A) as defendant.
But advocates for D & E claiming that fresh suit is not maintainable against D & E because earlier suit is abated against A as Plaintiff failed to bring D & E on record in earlier suit & hence plaintiff can not make D & E defendant in fresh suit in place of A.
Is it right that Suit is abated against A ?
Pleas Guide.
Sorry for long query
rajesh karnik
09 January 2016 at 21:32
Respected Sir/ Madam,
In our suit defendants have filed motion for deciding preliminary issue under 9a of cpc on the point of limitation on the two point.
1. It is barred by law of limitation. (can be decided on Question of law)
2. It is not maintainable as statutory notice under special act not given to statutory organization (It is a question of law & fact).
3. No cause of action
4. Court fees
As far as first objection is concerned , it is mandatory for the court to frame preliminary issue & we also have no problem as we are confident that suit is in limitation. (foreshore CHS - supreme court April 2015 9a is mandatory)
As far as second objection is concerned, we are of the view that concerned statutory notice is not applicable in this suit because of fact & whether notice applicable or not can be decided after going into merits & hence we are opposing on this.
As far as third & fourth also we do not have any problem as there is a cause of action & court can itself decide about from reading of plaint & even if court fees found to be deficit, we are ready to pay.
Therefore we are thinking of opposing only on second point in order to allow court to decide as early as possible.
1. Is it right or we should oppose on all the point because they are defendant.
2. Is it possible that court will not frame preliminary issue on notice even if it goes in the root of jurisdiction because of mix question of law & fact ?
Thank you.
Plaintiff in person
pvra
09 January 2016 at 16:55
Respected Sir,
I live in Tamil nadu.
I wish to apply for succession certificate to claim my share of my late father's bank deposits.
Court fees comes to around Rs 10000/- (rupees twenty thousand only).
Can I file my case now, and pay the Court fees at the time when Court orders the issue of succession certificate?
Look forward to your valuable replies.
Eshwari
Manish
09 January 2016 at 12:46
Whether execution and registration of joint Will in a single document is prohibited?
Anthony
09 January 2016 at 10:29
I have a case against the BMC H/W ward for demolition of enclousers of Gr.foor otlas in Dindoshi Court pending---further the same Complainant has now made a complaint to demolish the 2 Doors leading/opening unto the Otla--is this possible when the same matter/case is Active--is it not Sub Judicial matter??
Lawyer
09 January 2016 at 08:58
Dear All,
I hv purchased a land and power of attorney was done in favour of me as registration of land is banned in my area for some time.
Now I have learned from somewhere that previous owner is trying to sell the same land to someone else as no registration was done in my favour.
Can u please let me know how to secure myself through court.
Rgds,
Sunil
Sangeeta
09 January 2016 at 01:17
Dear All Experts please give your opinion of below noted case.
We are running a Trust and our Trust have purchased a Land beside a Railway track the distance of Railway track to my land is 1/2 K.M. and we have all legal documents to me which will establish that the land belongs to our Trust i.e SALE DEED, MUTATION CERTIFICATE AND LOCAL PANCHAYAT PARCHA. now the case is when we are engaged in our construction job the railway department officials and some RFP obstruct our construction job and claimed that the land belong to RAILWAY if we do not stop the construction job then they will put us behind bars. After this incident one Advocate gave me advice to put the law into motion and file a case u/s 144 Cr.P.C. but since the incident of 6 month the local police did not put the enquiry report before court. Now seeing the apathy of police i have filed a RTI application to the CPIO of railway indicating the incident and asked them to produce the details of land whether the land belong to railway or not and desired some information like SALE DEED of particular land and GAZATEE NOTIFICATION of that particular land.
please advice me am i going to the right direction or what to do.
thank you sir
VINOD
08 January 2016 at 20:35
i need a heirship certificate for a flat in a chs in navi mumbai. can i get the same without any help from any lawyer ? i have many questions to ask. it would be kind of you not to mark this query as resolved till i get all answers.
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Agreement made in rs. 10/- stamp paper before public notary
Respected Sir,
Please look into the question and put your views :
My father was an Employee of Eastern Coalfields limited and he expired on September 2012 during his service period after that my elder brother (Age 30) gave the employments of my father to me (younger brother age 27) on a condition that I have to pay Rs.25 Lakh.
And I joined service on April 2013, during the time of employment the EASTERN COALFIELDS LIMITED have undertaken a INDEMNITY BOND and AFFIDAVIT that I have to look after the dependent of my father i.e. my elder brother and his family, and then on May 2014 an agreement of Rs. 25 Lakh made between me and my elder brother with two witnesses. that in lieu of employment of my father I will pay me a sum of Rs. 25 Lakh within 6 months. But I failed to comply the agreement. Now I want to know that the agreement made in a Rs. 10 Stamp paper before the public notary.
Can he file a case against me on the basis of the mere Agreement of Public Notary and what are the chances of this case and what are the consequences as well as how vital is the INDEMNITY BOND and AFFIDAVIT which I have gave to EASTERN COALFIELDS LIMITED that if I fails to maintain they EASTERN COALFIELDS LIMITED is free to deduct my salary. if I don’t pay me the amount.
Please advice me I dont have so much amount to give him, what are the legal chances of my safeguard. Please advice.