Mr Sreejit
08 July 2018 at 20:08
Dear Veterans and Experts,
Greetings from Sreejit,
Can anybody pls explain if a suit instituted with infirmity as described under O 4 R 1, it., if O 6 and/or O 7 not duly complied with, it is said in O 4 R 1 (3) that the 'The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2)'
Does this mean the suit is liable to be dismissed and the infirm Plaint 'In-Limine' liable to be rejeected/dismissed ?
By any measure, the impositions under O 4 R 1 r/w compliance to runes under O 6 & O 7 amounts to the effect of REJECTION OF PLAINT O 7 R 11 (d) which states 'where the suit appears from the statement in the plaint to be barred by any law;' [whereas, law, here include CPC O 6 & 7 too]
Any clarification required is welcome.
One request to experts, please avoid comment as 'I GO WITH THE EXPERTS' it is so awful one.
Thanks,
Sreejit.
S. S. Rathi
08 July 2018 at 18:20
RES. SIR
I MA DEFENDANT IN DISMISSED SUIT, NOW I WANT TO RECOVER EXPENSES AMOUNT AND FILE HARRASHMENT CASE
CAN I AM FILE IT MY HOME TOWN, AND WHAT IS TIME LIMIT
PLS GUIDE
Arun Kumar
07 July 2018 at 22:13
'A' father gifted his immovable property to 'B' son.,through irrevocable gift deed.
On the next day itself he cancelled the gift deed unanimously and gifted the same property to ' c' another son.
B filed a declaration suit asking to declare the cancellation deed and the gift deed excuted by the father 'A' to 'C' null and void.
B was succeeded in the case i.e in the sub court and the district court.
Now the matter is pending before high court for second appeal.
Meanwhile B Applied for patta transfer based on the decree of the district court.
But the tashildar rejected the application stating that "the matter is pending before high court,so we cannot issue patta".
1)Can a tashildar reject the application of patta transfer if the suit is pending before high court for second appeal?
2) if not what is the remedy?
meghana
07 July 2018 at 22:00
i am a working woman, i and my husband co-own a flat. i am not paying the EMI for the house only my husband is paying the EMI. i am not contributing financially in any way. my husband sent an email to me stating that if i don't share the EMI, he is bound to remove my ownership from the flat. is that possible, can i loose my ownership ? will this email constitute as DV towards me ? please advise
vimal
07 July 2018 at 14:30
My grandfather had 5 sons A,B,C,D,E. grandfather died without making a will. the agriculture land got transferred to the name of 5 sons A,B,C,D,E according to law. by mutually concern they all divided the land of their own without making any documentation. now few years later 4 of them (A,B,C,D) died. now the problem creates from the here .the C's son's wife(she is widow) sold their share of agriculture land to D's son's wife without NOC from E(who is still alive). now E wants to redivide the remaining land as A's and B's family members already sold their share of agriculture land outside the family. E wants to redivide the remaining agriculture land which is 3/5. is that possible?.is it possible that E can cancel the sale deed made by C's son's wife.i am in confusion please help me out.i am from UP.
c.j.sharma
06 July 2018 at 14:18
hello,
sir /madam, the baikhatijabai haji ebrahim tayyabji trust was gave the permission of their property to sell by joint charity commissioner was 620 sq.ft.But the said trust sold the property upto 1087 sq.ft.including the common lane between the two property.when my father registered the case in joint charity commissioner,the officer told that now the trust is under wakf board maharastra.when we complaint in the wakf board ,the wakf ceo cancelled the sale deed.The trust said it is not register with the wakf hence the order of wakf is not applicable to them.what to do.
Priyesh
06 July 2018 at 12:52
Respected Lawyers,
My Uncle took a Loan in 1997. It was declared as a N.P.A. in 2007 due to non-payment towards that Loan. It was settled by my uncle in the Year 2017 in the month of July. As the Loan was settled my uncle demands the original title documents of the property from the Bank and also ask to make a release deed as property was mortgaged for this loan at the time taking loan. Now the bank from since last one year not done the same. Please suggest a way how my uncle deal with this situation ?
Anonymous
05 July 2018 at 16:40
My father purchased flat in panvel, which is morgaged in bank...by the request of my fathers relative my father given permission to reside in that flat then she requested to my father that the neighbours are tourching her that you r not the owner of the flat so remove yourself,hen she requested my father that make power of attorney in her favour stating that i m your relative,my father made a POA stating above fact,and given her to read and before regisration she change my father POA and made another POA in which she stated that she purchased said flat in 5,50,000/- she stating that she paid the money by cheque which she never paid 5,50,00p to my father and taken sign fraudulently and my father thiking that, that POA is his POA he sign on that know the problem is she is ready to give 5 lacks but the price of that flat is approximately 30 to 40 lacks...
In short
Property is morgaged
Fraudulently she taken sign on POA as her will
She never paid 5,50,000 to my father
She is ready to give 5 lack but as the flat price is raise and it is approximate 30 to 40 lack my father said her to give 15 lack and take the flat i will relinquish my right and all, but she is not ready...!
We cant file a suit bcoz we r going to leave mumbai we are shifting to solapur.
Then, in this condition,
what is the remedy is available to my father.
dilip
05 July 2018 at 14:00
The case has been disposed in march 2018 but the order for the same and decree has still not been recieved.
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To attend cat by govt servant in person to argue his own oa
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