i need a reply for this
vinoth
(Querist) 04 November 2008
This query is : Resolved
1. a suit is filed against bhoopathy and kiran by rangan for recovery of possession of a plot of land. the suit is dismissed against kiran for want of cause of act but decreed against bhoopathy. rangan, in execution of this decree, takes delivery of possession of land in excess of the decree which belongs to kiran. now kiran wants to file a suit. decide?
2. a suit is filed by madhavan against ram for the recovery of rs. 60,000 due under a contract. ram admits madhavan's claim, but claims to set off several sums of money alleged to be damages sustained by him by reason of madhavan's breach of some of the terms of the same contract. state whether ram is entitled to claim set off.
3. in a suit filed by "raghu", the request of the defendant "sivam" for adjournment is rejected by the court and the suit is heard exparte on the date fixed by the court and a decree is passed. give advice to the defendant "sivam"?
4. a suit for joint possession is filed by "x" in the district in munsif's court which has no jurisdiction. this initial defect in the presentation was cured by the district judge by transferring it to the sub-court. analyse the validity of the order passed by the district judge?
Jithendra.H.J
(Expert) 17 November 2008
1) kiran can file suit seeking possession he can also rise objections as the intervener in the execution proceedings
2)ram can claim, but the judgment depends on the evidence!
3)there are different views of the High courts, one view is that once the case is posted for judgment, the court should not consider other application filed afterwards, should not reopen the case
and it has to give judgment without considering any applications subsequently filed.
