civil suit
Adv B.B.Gambhir #9814820602
(Querist) 11 May 2011
This query is : Resolved
my client Harbhajan Singh having one son and a daughter. Harbhajan Singh is owner of a property measuring 128 sq. yards by two sale deeds 57 sq. yards and 71 sq. yards purchased in the year 1969 on different dates. in May 2007 Harbhajan Singh told his daughter Taranjit Kaur that he wanted to get rgistered a Will in favour of his son Amarjot Singh but Taranjeet Kaur taken him and got registered two gift deeds of 57 sq. yards and 71 sq. yards respectively without disclosing the matiral fact to Harbhajan Singh. Thereafter Taranjeet Kaur filed a civil suit for possesion against Harbhajan Singh and Amarjot Singh and thereafter Harbhajan Singh also chalanged one gift deed. Now i came to know that only one gift deed has been challanged by previous counsel. the limitation has been expired. the previous counsel has not chalanged the second gift deed within 3 years despite knowledge. at the stage what should i do how by covering limitation, i can challanged the second gift deed. Civil Suit filed by Harbhajan Singh has been dismissed in default under order 9 rule 8 cpc and application for restoration is pending issues have been framed on application. suit of Taranjeet Kaur is fixed for consideration on stay application
vinay sonpal
(Expert) 12 May 2011
The restoration application more often than not allowed. In respect of the second gift deed limitation starts from the date of knowledge and if it is disclosed in the suit by Taranjeet Kaur that property is gifted limitation can not be extended. In such matter better have settlement of family disputes u/s 89 of CPC.At any rate Harbjhajan may not succeed if the gift deed is registered . To prove undue influence etc is difficult.
barun deka
(Expert) 13 May 2011
in my opinion what you can do is
Firstly get the suit restored.
Secondly, file an amendment petition under Order 6 Rule 17 and encompass the issue of the second sale deed.
Now when and if the amendment is allowed- the DOCTRINE OF RELATION BACK will come into play. As per this doctrine the relief in the amended plaint will relate back to the date of filing of the original suit and limitation will be no problem
