Order i rule 10
ganesh kumar
(Querist) 11 January 2012
This query is : Resolved
Matter has been disposed by Ld. ADJ in pursuance of compromise between the parties. Plaintiff has filed all original document of the property in question, after disposal he did not received the documents despite order. Now I have purchase the property in question and I was not the party in the said case. All the original documents is in the court records, i want to obtain those original. GUIDE ME HOW THIS WILL POSSIBLE. Can I move an application U/O I rule 10 CPC or I have to move high court for the same in writ jurisdication, because the Ld. Adj has refused and dismissed my application as withdrawn. I DONT HAVE THE OPTION TO GET NOC
Devajyoti Barman
(Expert) 11 January 2012
You better get a POA from your Vendor and apply for the original documents on his behalf.
Raj Kumar Makkad
(Expert) 12 January 2012
No. This is not possible rather you should obtain POA of vender/plaintiff so that you may get those documents as desired through the lawyer concerned.
Deepak Nair
(Expert) 12 January 2012
Both the experts have advised well. You have to get a POA from the vendor and either you can apply or you can appoint an advocate to apply.
prabhakar singh
(Expert) 12 January 2012
Either get a POA or take your vendor to the court after passing 30 days from the order and let him move for return of the document through his council and collect the same by evening on same day.It is all one day business.
You can not now be impleaded u/o1r10,case is decided.
More over document shall be returned to party or his duly authorized agent[POA]
M V Gupta
(Expert) 12 January 2012
It is the responsibility of the vendor to get the documents of title from the court and handover them to you. He should incur all the necessary expenses in that connection. Take up the matter with the vendor.
Gaurang S. Rangunwala
(Expert) 12 January 2012
I agree with Mr. M.V.Gupta & Mr. Raj kumar Makkad, you should follow the advice otherwise you have to bare the cost of legal procedure.
J K Agrawal
(Expert) 13 January 2012
Dear sir
If the vender is in good terms with the client then where is the problem? he can move an application and get the documents certainly. The question is that the vender is not co operating now.
Under section 55(3) of the T P Act the seller is bound to help the buyer to get the documents and the buyer is having a civil right against seller.
In such a case give notice to the seller to provide documents and for damages due to non delivery of documents. If he fails to do so file a civil suit against him.
Pradeep Rohra
(Expert) 15 January 2012
Yes I am agree with Mr. Agrawal.
V R SHROFF
(Expert) 15 January 2012
nothing to add
ganesh kumar
(Querist) 15 January 2012
To Mr. Agarwal,
Sir, I am second purchaser of the said property, means Plaintiff sold to someone and I have purchased from that someone, and the Plaintiff is not tracable. What I have to do.
