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Showing posts with the label Civil Suit

Format of suit for redemption of mortgaged property

Format of suit for redemption of mortgaged property  The post is about a suit for declaration of entitlement of redemption filed by the plaintiff, Ragbir, against the defendants, who are legal heirs of the late mortgagor of an agricultural land in village _______. The plaintiff and the performa defendants are the current owners in possession of the land, but the mortgage redemption was not incorporated in the revenue records, and the defendants are denying the plaintiff's claim. The plaintiff is seeking a declaration that they are entitled to redeem the land and requesting the court to order the defendants to recognize the plaintiff's ownership. The post provides details about the land, the mortgage, the possession, and the jurisdiction of the court, among other relevant information. IN THE HON’BLE COURT OF ADDITIONAL CIVIL JUDGE (SR. DIV.), _______ Ragbir son of Sh. _________                                                                                 ….Plaintiff          

Suit for declaration for cancellation of agreement to sale

             IN THE HON’BLE COURT OF CIVIL JUDGE (SENIOR DIVISION), ____ 1-   Bir Singh, 2- Tek Chand, 3- Saroop Singh @ Samay Singh sons of Sh. Kishan Lal son of Ganga Sahai, resident of village _______, ______, Distt. _______, 4- Smt. Poonam wife of Sh. Kundan Singh son of Sh. Kishan Lal, herself as well as legal heir of Sudhir Attri son of Sh. Kundan Singh son of Sh. Kishan Lal, 5- Ranbir @ Randhir son of Sh. Kundan Singh son of Sh. Kishan Lal,   resident of Sector-8, Faridabad.                                                                                                ....... Plaintiffs. Versus. Deepak son of Sh. Naresh Kumar son of Sh. Madhoram, resident of________, Distt. _______ .                                                                 ………Defendant. Suit for Declaration and permanent injunction. Respected Sir,                          The plaintiffs humbly submit as under:- 1.    That the plaintiffs being owner in possession   of agricultural land

Summary Suit U/o 37 of CPC | Provision for summary suit | Suit for Recovery under order 37 of CPC.

Summary Suit U/o 37 of CPC | Provision for summary suit | Suit for Recovery under order 37 of CPC | Has new provision been provided for summary suit? What is a Summary Suit ? A Summary suit is provided U/o XXXVII (37) of CPC. The summary suit is a special legal procedure used for enforcing a right in in an effective manner as the courts pass judgment without hearing the defendant. This procedure is only used in certain limited cases where the defendant has no reasonable or logical defense. Object of Summary Suit ? The summary suit is a faster process than ordinary suit, the real object to file a suit U/o 37 of CPC is that unless the Defendant is able to show that he has a considerable defence in his case, the Plaintiff is entitled to get a judgment immediately. In a summary suit the defendant is not entitled as a matter of right to defend the suit. In order to defend the case, Defendant has to obtain a leave from the Court and if he does not apply for such leave within the prescribed p