To add party in appeal
Vinesh K Chhaya
(Querist) 05 November 2011
This query is : Resolved
My Client had lodged suit for declaration and injunction for agricularual land of his HUF...Principal Civil Judge Rejected Exhibit-5. During the hearing of Exhibit-5 the opponent make transaction of suit property and make application to executive magistrat to enter his name on account of the sale deed. My client has submitted his objections there. And now he want to submit appeal in district court against order of principal civil judge for exhibit-5.. can he add another party as respondant in appeal who was not add as opponent in original suit?
Or can executive magistrare be added as respondant in appeal with pray for injunction against entry in revanue record?
Pls indicate related matters
prabhakar singh
(Expert) 05 November 2011
No fresh party can be added in appeal in case that was not a party in the suit.
ajay sethi
(Expert) 05 November 2011
no it cannot be done
Raj Kumar Makkad
(Expert) 05 November 2011
There is no law supporting your desire.
Shastri J.K.
(Expert) 05 November 2011
agree with mr prabhakar singh.But he may file application u/o XLI R.20 of CPC
prabhakar singh
(Expert) 05 November 2011
Mr. shastri j.k. !
Thanks for your agreement with me.I admit the existence of provision Order XLI Rule 20 in the Code but unfortunately it does not apply to facts stated by the author.
He wants impleadment of those persons who were not party in the suit.While order & rule spoken by you altogether speaks a different language.
The order by its rule allows those parties to be added in appeal who were parties in suit but has been dropped in the appeal and later their addition is sought,then the rule says it would be allowed subject to time of limitation of appeal saved there.So in late cases even benefit of section 5 Limitation can be sought BUT IN NO CASE ANY
NEW PARTY WHO IS NOT A PARTY IN THE SUIT CAN BE ADDED IN APPEAL.
IMPLEADMENT, IF CAN BE, FIRST HAS TO BE INTRODUCED IN SUIT ALONE AND NOT IN ANY APPEAL.
R.venkatesh Naidu
(Expert) 08 November 2011
as per the order 41 rule 20(2)of CPC: No respondent shall be added under this rule, after the expiry of the period of limiation for appeal, unless the court, for rasons to be recorded, allows that to be done, on such terms as to costs as it thinks fit.
hence, as per the above provision you may file a petition with sufficient cause, the same may be allowed.
