Can supplementary applicaiton be filed during pending suit proceedings
Guest
(Querist) 21 November 2015
This query is : Resolved
My sister has filed a suit for declaring Will Null and Void and for eviction order against her late husbands nephews to whom the will is allegedly written by her late husband before death(2005).
But only 2 reliefs were asked
1 Declaring will null & void
2.Eviction order against current occupants
Relief was not asked for mesne profits by way of rent loss caused to her from date of death of her husband and damages, due to illegal possession of current occupants as she is only class 1 heir. Earlier, the probate obtained by them was called back by court and a fresh trial ordered by court and probate petition is also clubbed with this suit.
Can she now move an application to be attached to her main suit for this relief too, to be disposed off simultaneously with the main suit. Under what section of CPC
In civil suits, can plaintiff tender applications at various stages, if required?
2. What is specifically required to prove that Will was made under pressure by her husband's brother and his family in her absence, she being in army and always posted outside Delhi.
3.Is there any appropriate related authority from Apex court?
T. Kalaiselvan, Advocate
(Expert) 30 November 2015
She can very well file an application seeking mesne profits from the illegal occupants by way of rent and any other income enjoyed by them that is generated through this property.
Any application can be filed during any stage of case proceedings
For settled laws you should make your own efforts by making a search in indiankanoon.com
Guest
(Querist) 30 November 2015
Thanks Kalaiselvan sir
