hello
PLEASE GIVE ME THE JUDGMENT OF
2002(2)CTC 213 judgement of madras high court by lordship E.Padmanabhan.J
THANKS IN ADVANCE
sir
what is the diffrence between documents marked and documents exibit and document on record in court file at any proceedings, how the document is marked if submitted as annextures or exibits, i mean the process to get the documents marked and at which stage?
Dear Sir,
Brief about my case
(In our partition suit there are 11 decree holders, 6 brothers and 5 sisters,
There share are as follows as per decree.
2*6 share for Brothers + 1*5 share for Sisters, so total 17 shares , Male gets 2 shares and female gets 1 share as per Mohameddan Law.So as per decree 2/17th share for male and 1/17th share for sisters.)
The suit was filed in 1946 in Additional court, it was preliminary decreed in 1952, then some guys went to appeal after the highcourt proceedings in 1960, it was finally decreed in Additional court in 1970, and FDP is file in 1984.
All the main 11 decree holders were dead before filing FDP in 1984,
Our concern
In our case as our Great Grandmother is 3rd plaintiff in the O.S, is entitle for 1/17th share,
She had three children s 1 son(predeceased), 2 daughters,
she died in 1978 and her son died in 1974 prior to her death before the FDP was filed,
while filing for FDP in 1984,They brought on record her heirs ie 2 daughters and Predeceased sons children while filing FDP.
As per Mohameddan LAW, Predeceased Sons/Daughters Children will not have share in their Grand parents property as they are entirely excluded by their uncle and aunts who survived their parents at the time of their death.
We have a raised an objection thru an advocate in section 151 cpc in FDP proceedings,
To delete this predeceased sons LR’s who are on record unknowingly or because of lack of Legal knowledge, to their their aunts,
How to proceed to get these predeceased son’s LR deleted from record in this pending FDP proceedings and Under which section of Civil procedure code.
which Civil procedure code need to be appllied to remove this LR's on record, who are not entitle for share,
in FDP proceedings.
Sir, My concern is , I don’t want to go for another Original suite after FDP proceedings, I want this Predeceased son’s LR’s to be removed before closing of FDP. FDP must close on only 2 daughters and their heirs as the only one’s entitle for in 1/17th share of my great grand mother.
If a registered documents dully registered before the Registration officer is it a conclusive proof?
As you know for any recruitment exam candidate is required to get his photo and document attested from any gazetted officer. Recently in Delhi Judicial Examination also every candidate is required to submit documents which must be attested by gazetted officer. Not only documents but photographs are also required to be attested by gazetted officer.
Here I would like know
By which law (act or rules or regulations etc) Gazetted officer are empowered to attest such documents and photographs?
Is it discretionary to attest such documents?
If any particular gazetted officer deny to attesting any document without
assigning any reasons or
says he has no time or
says he doesn’t have power or
says its not binding to attest the document or
says go to other officer or particular officer or
says they are instructed not to do that or
makes any other pretend
then I would like to know
whether such officer is justified to do that or
is there any legal remedy available to applicant?
I would like know more about all aspects of law which deal with above matter.
Please enlighten me on above issue. I am personally aggrieved by indifferent attitude of Gazetted officers.
Thanks
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