Can a court pass a decree in a suit seeking rights in an immovable property where a defendant has transferred his interest and rights in the suit property to a third person without issue of summons/notice to the third person? If yes, whether the decree will be binding against the transferee pendente life.
A. No, notice must be issued to the third person otherwise decree would not be binding on him
B. Decree without notice to a third person is valid and notice/summons is not required to be issued to the third person
C. Decree will be invalid as it violates principles of natural justice
D. Decree will be invalid as a judgment is only binding on the parties to the suit and doctrine in personam applies
Answer: Option B
Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
A. The suit is for recovery of property
B. Set-off claimed by the defendant is ascertained sum of money
C. Value of property recoverable is less than rupees two lacs
D. Defendant presents a written statement of the suit
A. Is barred under all circumstances
B. Is not barred at all
C. Can be filed with the leave of the court
D. Either B or C
A. Such property actually received or might have received together with interest
B. Property actually received including profits due to improvements made by such person
C. Such property actually received or might have received but without any interest on such profits
D. Such property actually received
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