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Discussion > Civil Law > Procedure > ORDER 1 Rule 10 CPC   Unanswered Threads Post New Topic

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There are 6 Replies to this message


Avinash Gupta


lawyer
[ Scorecard : 38]
Posted On 11 February 2010 at 20:42 Report Abuse

hi can a defendant

1) after giving written statement with Counter claim

2) by application in order 1 rule 10 ask court to implement a third party as a party in the suit.

3) is this necessary to mention in application that the third party should be come as plaintiff or defendant.

4) and can a third party on distant  grounds ( on only saying of defendant no evidence adduced in support of application)

can be made a party to case by court????//

in a matter civil declaratory suit ?



Member (Account Deleted)


ADVOCATE
[ Scorecard : 1354]
Posted On 19 February 2010 at 20:37 Report Abuse

In Maharashtra amendment of CPC and Bombay high Court rules there is specific provision titled "Third party procedure".  I think it is covered by O. 8 and not O.1

Defendan can ask third party to be impleaded as a party to the suit especially in case of insurance matter. e.g. iif the plaintiff has instituted a suit against the defendant the subject matter of which is insured.  Defendant can insist that the Insurance compnay be impleaded.


Member (Account Deleted)


ADVOCATE
[ Scorecard : 1354]
Posted On 20 February 2010 at 13:37 Report Abuse

Please read O. 8 R.23 to 36 of Maharashtra amendment to CPC



Total thanks : 1 times

Avinash Gupta


lawyer
[ Scorecard : 38]
Posted On 22 February 2010 at 23:31 Report Abuse

sorry but this is a case of uttar pradesh



Total thanks : 1 times

B.S. CHHABRA,


Advocate
[ Scorecard : 55]
Posted On 28 November 2010 at 18:07 Report Abuse

Indirectly it is permissible till the famale partner does not opt for legal course.



Total thanks : 1 times

nakul


advocate
[ Scorecard : 34]
Posted On 01 December 2010 at 16:12 Report Abuse

yes it is possible however with the discretion of the court as if you read O1 Rule 10 Sub(2) which provides wide power to court to allow it. But since WS has been filed , now there should be a very strong ground to get it admitted as it should have been done earlier as per O 8 ( third party procedure)  


Member (Account Deleted)


JUDGE
[ Scorecard : 5925]
Posted On 03 December 2010 at 09:07 Report Abuse

there was state amendments regarding the third party procedure.  Kindly refer Tamilnadu amendment (madras) for details and clarification.  If there is no specific provision in you state follow order 1 rule 10 of CPC



Total thanks : 1 times



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