How to get Multiple relief through appeal against compromise in suit.
In alternate solution, one advocate a suggested ,
To file civil miscellaneous application/appeal in the "x " suit, in which i was a co-plaintiff , along with my friend . this suit x was for cancellation of subsequent sale deed of the undivided share, which has already been sold to us years back . so the subsequent buyer , and the original legal heirs who entered into second sale were made defendents . here my friend , entered into a compromise with the subsequent buyer , thereby fraudulently dividing the whole land between themselves giving me absolutely nothing, despite being joint purchaser ( co plaintiff ).
Also reference of the compromise of original partition suit say "y", was given in this "x "suit compromise regarding the same property , in which despite being a necessary party i was not added neither i was aware if it .
In short the suit y what's the main suit & on basis of compromise of this suit y , the compromise was done in my suit x , thus one compromise cannot be set aside without setting aside another.
The "y " suit was compromised say in june 2016 and "x" suit on basis of partition was compromised in july 2016 .
Later on the basis of these two fraudulent compromises, third party rights were also created.
Now considering, that i go for appeal / ma against the compromise in suit x, in which i was a party , can i do following and how ?
1. can compromise of suit y , can also be challenged in my miscellaneous application appeal in suit x in which i was a party, challenging both compromise .? is there a legal provision to do the same and how?
2. also suit x was mainly for cancellation, but as both compromises of x and y are interrelated . how can i ask for partition through the appeal / application. can i convert the same appeal into a" suit", or else when , the compromise is set aside the in suit x & it reipeans , could be run as a partition suit after ammendment ?
3. also going through this route even if i set aside the compromise in suit x how can i ask for cancellation of subsequent sale deeds.??
Mainly my question is how can i set aside two suits compromise decree & cancel subsequent third party rights & ask for partition. by going through appeal against compromise in one suit x.
Asked 4 years ago in Civil Law
Please I would request you all to give me your opinion on the following:
* A special civil suit for partition ,cancellation & challenging two compromise deeds is pending.. In the suit, I am claiming through, Registered development agreement and power of attorney ,of which the , complete consideration rupees 10 lacs out of which 5 lakhs have been paid by me & other 5 lakhs by my friend , to the original legal heirs . .the development agreement and irrevocable power of attorney is both registered, also giving all powers.
It is an undisputed fact , through the finding of the court in injunction order & also through the written statement of various defendants, that fraud has been played upon me & that I am registered development agreement and power of attorney holder to the extent of 50% land that is 3300 sq m .
Now to execute a sale deed in favour of myself ,pertaining to my 50% share of land which is also admitted & undisputed, but the only problem is that development agreement and power of attorney is in joint capacity, with my friend who is now he is against me into the suit.... How and through which provision/ application / method , can I ask the court , to give me permission to perform a registered sale deed in favour of myself , pertaining to my 50% share, "despite the power of attorney being joint."
Asked 4 years ago
LIMITED LIABILITY PARTNERSHIP ACT AND CONTRACT ACT......
We three people have a partnership firm and having a property into it.
Now we want to add and partner who will come into the firm , ( we will convert the firm into LLP priorly ) . We will get/ admit the new partner in the firm on the condition , that his capital will be the money he invest in future , into the construction & secure / assure us for 40 % of gross revenues .
We will be mentioning all the terms and condition, decided between we the old partners and the new incoming partners into the LLP agreement , and also get it duly registered in the registrar of firms.
QUESTION: In case of non performance by the developer/ incoming partner, does not construct/ develop the land . As per the terms and condition/ clauses in the LLP agreement , will I be able to remove the incoming partner according to the clause in the LLP agreement? Is the LLP agreement , GOVERNED BY THE LAWS OF CONTRACT ACT?
* My worry is such that, it should not happen that the incoming partner neither develop the land, yet I am not able to remove him from my phone in case of non performance?
* PLEASE GUIDE ME WITH THE TIPS AND PRECAUTIONS TO BE TAKEN FOR THIS .
Asked 4 years ago
