Legal Question in Civil Litigation in India
i had advanced certain sum of money to D and upon his failure i had filed a money recovery suit. Subesequent to filing of the suit D alienated his property by way of GIFT SETTLEMENT DEED in favour of one of his family member. Challenging the same, i had even filed a suit towards cancellation of the said deed. Recently judgement was delivered in my favour in money recovery suit. Recently i had come to know that D is infact owing money to public at large. My question to you is whether i need to amend the suit filed for cancellation of gift deed by way of filing the petition u/o I rule 8 i.e., representative suit or is it suffice to continue with the existing suit and proceed further? please guide me and let me be known whether i can succeed in the filed suit u/s 53 of The Transfer of Property Act.
2 Answers from Attorneys
Yes, you have to amend the suit to make it a representative suit.
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