naresh
26 August 2008 at 14:05
respected experts namaskar
i have file a suit for recovery before civil judge of Rs. 2lack defendant has enterd with written stament as well as a SET OFF CLAIM and Counter claim. counter claim of Rs. 47000only in his W.S. he stated he has to recover 6lac from the plaintiff so he has on the same cause of action a suit for recovery of Rs, 6LAC file before A.D.J. where iam defendant i have move application U/S O7RULE11 dismissed suit on the the ground suit bar under Order 2 Rule 2 cpc. my plea is that he has to file whole claim either in the court of C.J.OR A.D.J. Defendant say he has not the pecunary juridection so he has right to file suit before the ADJ now my question is this Can a counter claim be file half in the court of civil judge and half in the court of ADJ due to pecuniary juridection pls give me judgements who support my case suit cant file half half and if the claim is high to the pecunary juridection than counter claim liabel in ADJ COURT
THANKS IN ADVANCED
NARESH KUMAR
Legal_Query
26 August 2008 at 12:13
Dear Sir,
Pls provide relevant citation regarding:-
when boundaries of the properties are not defined, injunction cannot be granted.
Rgds & Thks
N.K.Assumi
25 August 2008 at 20:38
Is there any Rent Controll Acts in any State in India, which says that Tennant shall also include Paying Guest?
N.K.Assumi
25 August 2008 at 20:33
Order under section 12 of the GW Acts 1890, does not falls under section 47 of the Act. Does it mean that order under the said section is not appeallable? Is District Judge competent to reject a guardian and appoint a Receiver as temproary measure under section 12 of the GW Act 1890, though such measures have not been mentioned in the Act?
Anil Kumar kamboj Delhi M-9650
25 August 2008 at 14:52
what is the meaning of constructive res judiceta
Res subjudice & Res judicata are clearly defined in Section 10 & Section 11 of the Code of Civil Procedure, 1908 respectively. Both the provisions are made in order to avoid multiplication of suits and unnecessary delay. You can go through the provisions by reading the said sections of CPC, but I make you understand in a layman view:
1. Res subjudice: The court shall stay every matter which is already a pending adjudication before a court of competent jurisdiction between same party and on same cause of action.
2. Res judicata: The court shall not try any suit which has already been decided by a court of competent juridiction in any earlier case between same party and on same cause of action.
The point of difference is that in res subjudice, the court gives stay to the subsequent suit whereas in res judicata, the courts do not entertain the subsequent suit.
Hope the above information is beneficial for you.
For any kind of legal query/case, feel free to contact.
puja
25 August 2008 at 12:17
HI ALL
CAN ANYBODY SEND ME A WS FOR RECOVERY SUIT.I HV TO DRAFT TODAY ONLY
V.Raghavan
25 August 2008 at 11:53
Under theThe Kerala State Fiancial Corporation incorporated under the Central ACt of 1951 (No.LXIII of 1951).
A Mortgageloan was transferred in 1994.
Documents executed in 1994
Last instalment due on June 2001.
Property sold on public auction on March 2004
The amount was adjusted in the loan account.
Still there is a shortfall. Can this financial institution take action for the recovery of the shortfall? Is it not time barred since the acution was in March 2004 and till date even after 4 years and 5 months no intimation or notice of recovery was sent. Is there is any possibility of recovery?
srinivas
24 August 2008 at 19:33
suit for recovery of money what kind of burden lies on defendant to deny the promissory note? give me some citations to prove the case this case will be called on 26-08-2008 for arguments give me reply before one day of arg
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