• U/o 7 rule 1 and 2 and r/w sec 26 of CPC

I have purchased a site in 2013 from one of the government employee, that was formed a layout 40 years back and sold it to several people. Initial layout owner has the big family, and one his son was minor(14 years) at the time of forming layout and he has filed the case on 2014 against his family members and included all the site owners who ever is purchased and sold the sites. My purchase is the 4th generation of sale and it was on loan. Now that is coming as red mark in my Background verification. How do I come out from this situation as a green remark? what are the different ways? the case is filed under "U/O 7 RULE 1 AND 2 AND R/W SEC 26 OF CPC" sections.
Asked 7 years ago in Civil Law

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11 Answers

you must have indemnity clause in your sale deed

2) it would indemnify you in case any claims are made

3) you can sue the seller to recover your money if you lose your land

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear,

If he is ready to remove your name from the case, that is well and good,

but if he is not ready then file application under order 1 rule 10 application

for deletion your name from the case with the strong reasons.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Dear Client,

If there`s is status quo order from court than until it`s not vacated, remark cant be turn green. To remove your name you have to file application in court in same case for deletion of name.

And file case is barred by limitation, sale challenged very late.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) It is not criminal case

2) Only Civil suit has been filed against st you

3) It would not reflect on your background verification

4) plaintiff woukd not agree to removal of your name unless you settle with him and pay him some money

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You are the fourth generation purchaser, you previous vendors are not parties to the present suit. The original owner sold the property after forming a residential layout. His son who was a minor has simply to harass you and others included your names in the present suit. His intentions are purely oblique and only to extract money from each of you. In this background if you can approach him and offer money and request him to withdraw or close the case against you, you might be lucky and he might also agree. There is no harm in trying. It is a faster way to close the case and get a green remark.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

Dear Sir,

Your idea is very good. Application U/o 7 Rule 11 CPC leads to rejection of plaint itself. In Bangalore city has become routine and modus operendi to file such black mailing suits which may end in compromises. The said suit itself not maintainable on many grounds. Just contest the case by filing the above said application.

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Application for rejection of plaint can be filed at any stage and it shall be disposed before proceeding with trial: SC [Read Judgment]...

Application for Rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure can be filed at any stage and the Court has to dispose of the same before proceeding with the trial, the Apex Court has reiterated in R. K. ROJA VS. U. S. RAYUDU AND ANOTHER....

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Since it is the civil suit i the guy who filed the case and you mutually come to an agreement the name from the case can be removed on account of settlement. Further since it is property dispute of civil nature and no criminal investigation so there should be no effect your back ground verification.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Kindly clarify in what kind of verification the suit is reflecting on your records as it is not clear from your question.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

He must have filed a suit seeking partition and separate possession of his share in the property.

Well you should fight it out on the basis of the documentary evidences in your possession.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Once the case has been filed and numbered, it will not be possible to remove your name from the suit.

Why do you think that you are in the red area, wait for the developments and then decide about further course of action.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Sir, this is a Civil Suit not a criminal one so if you have been made party to the suit there is no way to come out.The reply has to be given immediately on the date fixed. You please see that who was the guardian of the minor when you purchase the land whether his name was in the record of the tehsil of the area and status of the record which is very important and your case will be based on that basically.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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