jackan (hardware engg) 07 August 2013

Help me

Hi sir please I request u to read the message fully to help me Sir I am jagadeesh I had a love with a girl from 2008 every things was going fine till 2013 june in our family everyone is accepted for our marriage and even she was very kind with our family and she use to attend every function in our family she well know person to my family and friends in this june we decided to get marry for that first we spoke with her father he asked me the photo and biodata but her mother was not agreed suddenly she was reduced the phone calls with me and one day me and my parents went to her home to speak about the marriage but their parents had a fight with us and did not allowed us to speak and we went to panchat they said that everyone knows that we both are loving form long time but the panchat also supported to girl parents only for this I complained to HUMAN RIGHTS ORGANISATION they went and the spoke with her she agreed to marry me after knowing her parents the Human rights had a convisation with her they stoped her from job can u chelp me to get my girl back because of this issue I lost my job from 2 months 2 times I admitted in hospital and I am getting mental torcher I have all the phone recording and photos which we took and even we dicided to do Rigster marriage for that she signed in register marrage form when we went they asked for original marks card but we had only photo copy of that Please help me to get back her in my life because their parents were threating her saying if she agree to marriy me they will commit sucide because of that she refuing me please

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UTTAM (A) 11 August 2013

Plaintiff 1 to 7 jointly file a declaration suit to claim adverse possession in Alipore Judges Court-Kolkata in 1994. Plaintiff 7 died on Dec-2003 but his Legal heir not substituted. Plaintiff did not file any Misc Case for setting aside of abatement. Later on that suit is also dismissed for default in Year 2010 for non-appearance of plaintiff.

Remaining Plaintiff File Misc Case (ORDER 9 Rule 9 of CPC) to restore that suit which is dissmissed for default. We are defendants, we have received summon in AUG 2013 for that Misc Case.

Can we state in W/S of Misc Case that such MISC Case is not maintainable because Plaintiff did not substitue 7 LR of deceased plaintiff no-7 ?

Can we claim that since all the jointly file a declation Suit to claim adverse possession and therfore there claim is common and hence that suit is totally abated ?

Note :-We have filed a Counterclaim against those Plaintiff in the same suit.(For Recovery of Possession in Year 2000). We have properly substituted the name of those 7 legal heirs by filing a Misc Case. Although the Original Suit dissmiised however our Counterclaim still subsit.

UTTAM (A) 11 August 2013

Remaining Plaintiff File Misc Case (ORDER 9 Rule 9 of CPC) to restore that suit which is dissmissed for default. We are defendants, we have received summon in AUG 2013 for that Misc Case.

Can we state in W/S of Misc Case that such MISC Case is not maintainable because Plaintiff did not substitue 7 LR of deceased plaintiff no-7 ?

Can we claim that since all the jointly file a declaration Suit to claim adverse possession that suit is totally abated and can not be restored unless 7 LR of deceased Plaintiff substituted first ?

UTTAM (A) 14 August 2013

7 Plaintiffs(relatives) jointly file a single suit to claim adverse possession in 1994. Plaintiff No-7 died during Dec-2003, however his Legal heirs(sons & daughters) were not brought on records. That suit had continued till 6 more years. However on July 2010 that suit was dismissed for default due to non-appearance of plaintiffs.

Remaining Plaintiff File Misc Case (ORDER 9 Rule 9 of CPC) for restoration of dismissed for default on sufficient cause.

Question : Is it possible to restore that suit without any substitution of deceased plaintiffs no.7.

UTTAM (A) 14 August 2013

Please Reply

7 Plaintiffs(relatives) jointly file a single suit to claim adverse possession in 1994. Plaintiff No-7 died during Dec-2003 however his Legal heirs(sons & daughters) were not brought on records. The suit continued till 6 more years. However on July 2010 that suit was dismissed for default due to non-appearance of plaintiffs.

Remaining Plaintiff has filed a Misc Case (ORDER 9 Rule 9 of CPC) to restore that suit on sufficient cause for dismissed for default only.However no application(Misc Case) has been filed (under Order 22 Rule 9) for setting aside of the abatement due to death of Plaintiff No-7.

Question : Is it possible to restore that suit without making any substitution of LR of deceased plaintiffs no.7.?