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G P SINGH (LAWYER)     13 December 2012

Cpc order 39 rules 1 & 2

My wife has filed a suit under ORDER 39 RULES 1 & 2 of the CPC praying for injunction against my self acquired property on the ground that she had also contributed to the acquisition of the property although she has no proof of having done so. She had no regular  source of income apart from earning meagre income from taking tuitions at home and the money was never banked.Is this suit maintainable? What defence should I take. Thanks G P SINGH



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 1 Replies

Shantilal Pandya ( Advocate)     13 December 2012

The Suit to declar coownersip  of the property would be maintainable if it is properly constituted . it is a different thing that the suit may fail for want of evidence to support it ,if the acquision of the property is not ought of the joint funds ,you can take such a defense


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