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 ?
Anonymous
27 September 2021 at 12:24
Dear Expert
A property is under consider to purchase by myself.
1. But seller is out of India and due to COVID19 restriction he is not able to visit India immediately.
2. He is not NRI, he is resident indian and lives in new delhi but currently he is visiting her children, who are staying aboard.
3. He wanted to sign Sale Deed without any attorney and come to India, but to ensure the deal to be get completed and his visit will not get wasted, he wanted to sign the Agreement to Sale from aboard.
4. So expert pls suggest is it possible to sign the required agreement by seller from aboard.
5. The seller does not want to use POA. If it is possible then kindly share the procedure. OR if was someone can help me then they can also share their contact too.
Thank You
Anonymous
27 September 2021 at 11:39
To
Senior experts
In one leave & License agreement (for 11 Months) of a shop the licensee insist on replacing of the word "License Fee" by the word "Rent".
I said the licensee that in that case we have to insert under mentioned clause :
" The provisions of West Bengal Premises Tenancy Act,1997 will not be applicable".
My logic behind inserting this clause is,
As the word "rent" mentioned in the agreement, by inserting this clause, in future the licensee will be prevented to file any suit under "West Bengal Premises Tenancy Act,1997".
Can you share your comment(s) on whether my view is correct or not ?
Regards
Abhijit
Ritwik Bhattacharya
27 September 2021 at 11:29
Hi sir, Can I Run Civil, Electrical, Mechanical, Contractor Business In One Pvt ltd company, Sir Please Recommend This Smiler Type Of MOA, AOA,
Sir I Have A Construction Company , Can I Changed There Moa To Run Civil Construction, electrical, Mechanical contractor business In this company
Sushil kumar
26 September 2021 at 20:03
Dear Sir,
Please inform what is "Lucus Standi"
Thanks and Regards
Sushil Mehta
Anonymous
26 September 2021 at 19:33
What is the procedure when there's is no idea that a company has any movable or immovable property, how can the attachment of property u/s 83 of the will process?
Anonymous
26 September 2021 at 19:12
A writ petition (civil matter)has been pending in high court for 7 year(not a single hearing has been done) , opposite party lawyer is a relative to the judge ,under whom the case has listed for hearing now.what necessary steps I should take.factually case is completely in our favour.
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