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How to defend a partition suit
15-Jul-2023 (In Property Law)
I saved my land from mortgage (4 times) due to my father's illness & I also took care of my brothers after the death of my father.But my yonger brother file the partition suit against me and the date of appearance in the court of Civil Judge(JRD),Puri on 18th July 2017 at 10.30 a.m. What to do now? and how to get back my money which i had invested to release the land 4 times from the mortgage?
In this case you need to immediately hire a lawyer. However you can also file a recovery suit in this regard for the recovery of money.you can also file a civil suit with the provisions of special Relief act.
You can file a recovery suit in this regard
Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit. Broadly it states as under:
Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.
Rule 2 requires an Order 37 Suit to contain among others, a specific averment that the Suit is filed under this Order and no relief which does not fall within the ambit of this Rule is claimed.
You can file a recovery suit in this regard
Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit. Broadly it states as under:
Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.
Rule 2 requires an Order 37 Suit to contain among others, a specific averment that the Suit is filed under this Order and no relief which does not fall within the ambit of this Rule is claimed.
Helpful?
42+
42+
Adv. Siddhant Sharma
Delhi | 500+ Answers
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1st I have to clear that if you want to money then you can not get back your's share property. However your younger brother file a civil suit then you also engage your Advocate in this case in way partition either you get back your money or property.
Helpful?
37+
37+
Adv. Suprava Behera
Cuttack | 100+ Answers
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