Advocate Jaya Krishna Pattnaik

Questions Answered by Advocate Jaya Krishna Pattnaik

Q: What should be the next step if the summon returns unserved

Sir, In a partition suit address of one of the drfendant is not found, onece summon has been returned. What is the next step to preceed with the suit?

Advocate Jaya Krishna Pattnaik answered
Unless fresh summons in right address of the defendant is applied in the appropriate court in a stipulated time period for necessary service, the suit will be dismissed. Hence try to ascertain the right address and where abouts of the defendant.

Q: Clarification regarding amenities in eco sensitive area

I am going to purchase a plot in Hanspal falls in eco sensitive zone. If I go ahead and plan for construction, can I get electricity and water supply? Is there any other implications for eco sensitive zone?

Advocate Jaya Krishna Pattnaik answered
There can not be any plotting in eco sensative zone as declared by the envioronment and forest department of the central govt. Restrictions are also imposed in planning and building regulation-2012 by ammending its 2008 regulation.

Q: Is there be any legal issue in owning multiple properties.

I am 60 year old retired govt employee having 2 working son(both married). I have 3 property in odisha. Wanted to know is there any legal restriction against having multiple property in my name as I dont want to tranfer it to my childrens name as of now.Kindly guide me on this.

Advocate Jaya Krishna Pattnaik answered
Dear Sir, There is no legal restriction to have multiple properties in one's name, but you have to show the income or rent so received from the property in your income tax return if your filing income tax return if any and to pay the tax thereof.Similarly you have to pay land tax or holding tax as prescribed.

Q: Opposite party filed fresh case after matter resolved

If opposite party filed a fresh case after taking possession by the decree holder in execution case & the same execution case also disposed with full satisfication. What will happen ?

Advocate Jaya Krishna Pattnaik answered
Fresh case can not lie upon the same cause of action,& will be liable to be dissmissed. But in fresh case you have to appear in the court & draw the attention of the concerned court for its dissmissal.

Q: Can written statement be amended at the stage of arguments?

Can defendent amend his ws at the stage of argument claming adverse possession,it is not in sape of counter claim

Advocate Jaya Krishna Pattnaik answered
Hello, Amendment of pleading can be made at any stage of proceeding and generally the courts are taking liberal approach in this regard.Basing on certain principles the amendments are allowed to a party along with cost to other.Here in this case the amendment can be challanged, if the defendant has not raised the details of plea that,"inspite of his due deligence he could not raised the amendment before"