Single suit divided to 3 different suits
siri
(Querist) 28 November 2011
This query is : Resolved
If plantiff filed the case against defendant for declaration Title for 3 properties of defendant that is located in same juridiction but in 3 different survey nos in same city & at initial proceedings if defendant requested court to divide the suit for 3 suits for 3 different properties & give judgment independently for 3 suits but examined both the parties proceedings for 3 different properties at a same time so that correct judgment can be expected foe each property & same is admitted by plantiff.
1)Then court can divide as per defendant request & plantiff admitted
Devajyoti Barman
(Expert) 28 November 2011
You are asking something which is unheard of nor supported by law.
This is possible only when 3 different suit are filed.
M/s. Y-not legal services
(Expert) 28 November 2011
your query is something confusion..
just tell me that., the deed which is claiming the title is single deed or three separate deeds?
M/s. Y-not legal services
(Expert) 28 November 2011
am waiting for your answer?
properties may be so many., but if its covered in a single deed mean its can filed as a single suit..
bud deeds are so many mean its can not filed in a single declaration suit. more over this kind of issues should be arosed at the time of filing and numbering., if its numbered mean defendant cant arise this question..
Arun Kumar Bhagat
(Expert) 28 November 2011
Defendants request can not be entertained.
Shailesh Kr. Shah
(Expert) 29 November 2011
Mr.Tom
I feel that query is much clear to answer. You can notice that other experts also response other than me.
siri
(Querist) 29 November 2011
Mr.Tom sir,sorry for delay in giving my answer.Defendant had 3 deeds for 3 properties showing him as owner.Plantiff had single deed for 3 properties showing plantiff is owner.Now plantiff filed case against defendant for Title declaration.Now my doubt is as asked above.PLZ REPLY SIR
AAK
(Expert) 29 November 2011
I dont think such it is permitted. The cause of action is not different, issues are so connected with each other, the properteis are located in the very jurisdiction of the court, then why the court should waste its time by separate evidence and separate judgement. The same can be decided in the single judgement.
