Clubbed cases

kumar (Querist) 28 May 2014 This query is : Resolved
2 suits are clubbed together in one suit municipal is a party ,in other suit municipal is not a party,now
the municipal lawyer wants ti file w.s &counter in the suit he is not a party,
what should I do,
is this permissible.

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ajay sethi (Expert) 28 May 2014
no if municipal corporation is not a party to the suit no written statement can be filed by it

Anand Bali Adv. (Expert) 28 May 2014
Dear friend,
Municipal Corp has to become a co-joinder or be called as mis-joinder in the case in which it is not a party and only after that it can submit the WS after receiving the copy of the Plaint in it's name.
No body can file WS without becoming Respondent in the case.

Sankaranarayanan (Expert) 28 May 2014
yes i do agree experts.You can file separately

Rajendra K Goyal (Expert) 28 May 2014
Well advised, agree with the experts.

Sudhir Kumar, Advocate (Expert) 28 May 2014
since the cases are now clubbed then all parties are respondents in both case. They can file WS

Satya nand aggarwal (Expert) 29 May 2014
I agree with Mr Sudhir Kumar

Advocate. Arunagiri (Expert) 29 May 2014
On what grounds the suits were clubed together?

Raj Kumar Makkad (Expert) 29 May 2014
WS can be filed only by a party to the suit even if the case is clubbed.

Anand Bali Adv. (Expert) 30 May 2014
Clubbing the cases does not means that all the respondents and petitioners become respondents and petitioners in other clubbed cases too. Their status will not change and they will remain the same as it is. So the respondent in one case can not file Written Statement untill he also becomes respondent in the other case.

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