The decree of trial court has become final as appeal filed by defendant has been with drawn
2) Plaintiff would be the chief promoter who signed agreement for sale in his individual capacity
3) un registered society has no legal entity
Who is plaintiff ?
Request to all respected members of this forum that to read carefully below brief 1 to 7 and please reply to question as mentioned below 8 1. suit of specific performance was filed by unregistered society through chief promoter. 2. Instead of dismissing on the ground of "unregistered society has no legal statues" the court decreed the suit in favour of plaintiff. 3. In finding the court concluded that the suit was brought on the basis of agreement for sale and the said agreement for sale is not signed by society but signed by plaintiff in his individual capacity and as such unregistered society can not sue. 4. The said decree challanged by defendant on tbe ground of "holding Agreement for sale" in individual capacity of plaintiff" . the said appeal subsequently withdrawn by defendant. 5. As there was no appeal pending the plaintiff filed decree for execution to get the sale deed by appointment of Court commissioner. 6. The EP the plaintiff decree holder has prayed firstly to execute the sale deed as per the Agreement for Sale. The second prayer was to delete the name of unregistered society and sale deed be executed in the name of plaintiff, as per the findings of Court in judgement. 7. The JD filed objection stating that the sale deed cannot be executed in individual name as suit was filed by unregistered society and second objection the sale deed can not be executed in favour of unregistered society as per finding of the Court in Judgement, so also unregistered society has no legal entity in eyes of LAW. 8. THE QUESTION:--------- who is plaintiff in suit as per finding of Court in Judgement ? whether unregistered Society or Plaintiff in person. Note : Your reply is required for argument before Court.
Asked 2 years ago in Civil Law
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6 Answers
- What exactly is your locus stsndii? Are you the unregistered society, the defendant or the person plaintiff?
- Ambiguous questions don't merit merit an answer. So be specific.
The court's decree was not challenged in the appellate court because the appeal was withdrawn by the appellant.
Therefore if the judgment states that the decree holder/builder is the plaintiff , then this cannot be objected to in the EP.
The JD cannot challenge the judgment in the EP.
Therefore any objection towards the judgment in EP is not maintainable.
The plaintiff here is the unregistered society
- If the suit of specific performance was filed by the unregistered society , then this society is Plaintiff in this case.
- Further, as the suit is decreed in favour of society , then the Defendant is having his right to file appeal in this case before the higher court , and the plaintiff society can file objection petition before the court .
- The defendant can only prayed in his appeal and not in the execution petition filed by the society
Dear client, As per the finding of the Court in the judgment, the plaintiff in the suit of specific performance is the individual plaintiff in his personal capacity, and not the unregistered society. The court concluded that the suit was brought on the basis of an agreement for sale signed by the plaintiff in his individual capacity, and not by the unregistered society. Therefore, the plaintiff in the suit is the individual plaintiff and not the unregistered society.
