Hi,
1. I bought the property as third party from one family.
2. Later case is filed by daughter for separate partition and possession from her joint family property stating that it was her father joint family property and the family is HUF and in possession of the property. After death of her father in 1998 she as a copersonery of the family is entitle to her share. She also prayed for consequential reliefs and permanent injunction stating that the sale deed is executed behind her back and not binding on her.
3. I have file the IA for insufficient fee paid by plaintiff stating that sale is not binding on her is the indirect way of seeking the cancellation of sale deed to evade the court fee.
4. Court has rejected my application with conclusion that plaintiff has stated that the sale is executed behind her back and not binding on her. She has not prayed for the cancellation of the sale deed. Hence court fee paid is sufficient.
5. After that plaintiff has also filed the IA to amend the plaint to correct two mistakes which was allowed by the court.
6. Now important point is that along with those corrections, plaintiffs have also cleverly added in prayer to declare sale deed as null and void without such amendment approved by court. However, earlier she has evaded the court fee stating that it is not binding on her.
7. Subsequently case was dismissed for some other reason because it was barred by law since father was not alive as on Sept 2005, and daughter had no rights to claim in Joint family properties based upon the SC order in prakesh and Phulavathi case.
8. Now she has filed an appeal in HC against the dismissal of her case. In that appeal also she is seeking sale deed to declare null and void and it is not binding on her.
My question is very specific to the change in prayer to declare sale deed Null and void. - Lower court has already decided the court fee issue in her favor. - Can she modify the prayer later to seek sale deed null and void after court fee was decided by the court and that is also without our and court knowledge. What is the consequences at this stage when case is in HC because she can’t remove the prayer from amended plaint which was done in lower court.
What is the option I have at this stage?
