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Anonymous   12 October 2023 at 23:57

Recall of order

Respected expert,
In a summary suit a Conditional leave to defend order is passed by the city civil court which is challanged before high court by a writ petition. Now the defendant, my client found that some facts produced by the plaintiff are false and some facts are deliberately suppressed by the plaintiff in the summary suit. My writ petition is pending before the high court for admission. Under the circumstances can I make an application before city civil court for recall of order u/s. 44 of evidence Act and/or section 151 of CPC. (What I understood is that review petition is not maintainable as the writ is filed)
Please guide me on this point.
Thank you in advance.

vamsi   12 October 2023 at 16:57

Regarding filing of ep

Sir, in money recovery suit, the plaintiff/ Petitioner get interim attachment orders on defendant properties. while the court ammen attaching such properties, a third party voluntarily stood as surity and he handed over his property original documents to the court ammen. The court ammen prepared and submitted his report accordingly. after that in such suit the defendant set exparty and passed the orders. the defendant alienated his properties to others. How i approach the court through EP for recovery of suit decree amount. the court did not pass any order in such I.A. based on court ammen report. kindly suggest me.

Anonymous   12 October 2023 at 08:44

Remand of suit-rights of co dendants

The suit was remanded from the High court to the Trial court with a specific direction that Defendant 1 should produce some additional documents and the suit should be reheard and disposed of.

There are 3 defendants in the suit. The Plaintiff had claimed separate relief against all three Defendants. Defendants 2 and 3 never filed the first appeal or second appeal after the initial decree of the suit. They remained non-contesting parties.

Now after the remand Trial court has again decreed the suit in favour of the plaintiff. Now in the first appeal, even Defendant 2 joined as appellant. Is it allowed? Since they never contested the case earlier. Is it not that findings in the judgment before remand reached finality with respect to defendant 2 and defendant 3?

Anonymous   11 October 2023 at 12:11

Foreign defendant

Proposition 1: In case where there are 3 defendants [2 Indian Defendants and 1 Foreign Defendant] – the Plaintiff does not have the address of 3rd defendant (who is residing in a foreign country) – in which case can the Plaintiff compel Indian Defendants 1 & 2 to provide address of the 3rd Defendant who is residing in foreign Country?

Suraj Kumar   08 October 2023 at 10:20

Recovery of gold ornaments

Sir
I have entrusted 25 gram of gold ornaments to my relative. Sufficient evidence is available. Now my relative stating that he has sold my ornaments due to requirement of money & refused to return.
My lawer stated me that a case under section 7 & 8 of specific relief act may be made.
Is court fee as required in money Suit is required for this case ?

Girjesh Barnwal   06 October 2023 at 22:57

Alienation by registerd will from huf property .

मेरे पिताजी ने अविभाजित हिंदू परिवार की संपत्ति जिसमें मेरा और मेरे भाई का और मेरी माता का अधिकार था,को मेरे भाई के पुत्र के नाम वसीयत कर दिया जिससे मैं,मेरा पुत्र और मेरी माता अपने अधिकारों से वंचित हो गई। अपने अधिकारों के लिए क्या मैं कोर्ट की शरण में जा सकता हूं?

Sr kg division C roll no.14 Da   06 October 2023 at 17:44

Procedure for building temple in society primises

We had pass resolution for building temple in society primises with mejority basis.nw want to knw further legal process n documents for bmc approval for planner

umesh HALKAR   05 October 2023 at 16:38

Construction deficiency by builder

Sir,
I have purchased a site at Retirement township for senior person and entered in construction and Service agreement with builder and advance amount paid.

During construction builder intensionaly or by mistake constructed the foundation in centre of site and no sufficient space for car park.
2 when I noticed and objects then he agreed the mistake and agree to provide space for car park at nearby vacant site.
3.Now construction is completed and occupied by me since my urgency.
4. I not paid fully Almont to builder since he had nor provide the space for car park and NDC.
5 Since I occupy the house he had changed the monthly service charges and I m paying.
6. Now he has not yet provided the car park space and he assured he will provide orally. I asked an agreement but not yet prepared.
7.Now already 9 months is passed as per construction agreement.

8. I had issued notice my self Rs 9L as compensation for construction deficiency and he has not replied.
9 what is the best solution whether legal notice to be served
10. Builder doesn't have approval copy for Senior citizen township and gated community township. But RERA approved site
regards

Anonymous   02 October 2023 at 15:51

Certified copy

Sir/Madam,

Reg an ongoing civil case (partition matter) in district court Gurugram, i wanted to get a certified copy of WS filed by my advocate.
They were asking Rs. 1000.00 to get the copy from court.

Could you please help me know the procedure to get the same as I came to know there is a nominal fee for same.

Thank you.

Anonymous   27 September 2023 at 20:44

Recovery suit

Can money recovery be made in two suits, one summary (for cheque bounce) other normal.
I had invested over 30 l in a company, they wrote a cheque for 10l but it bounced. Cheque bounce case has been initiated but the person absconding for over 2 years. Court warrant is issued at every hearing for over 2 years now.
Can I pay the total court fees for 30l & break the suits in two parts to recover my money?