Rubi (Advocacy) 30 July 2009

Impleadment of parties.

In one case 4 plaintiff have filed one title suit. In the plaint the plaintiff stated that they have executed one agreement for sale to one X and X has filed one suit for specific performance. The defendant appeared and filed written statement denied all the allegation of the plaintiff. during pendancy of the suit that X filed one petition for impleading him as plaintiff and to strike off all the present plaintiff becasue the suit for specific performance which he has filed is decreed in his favour and now he become the owner of the suit land. Whether the prayer of X can be allowed, if yes to what extent? whether all the present plaintiff should be struck off because they are no more owner of the suit land?

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8 Replies

Jithendra.H.J (Lawyer) 30 July 2009

NOPE! he cannot be added as plaintff, he can be added as defendant, but it depends on the circumstances of the case.

V.V.RAMDAS (Advocate) 31 July 2009

Rubi ,

your question is not clear. please do not hesitate to simplify the same.

Y V Vishweshwar Rao (Advocate ) 31 July 2009

In a Pendign Suit the purchaser of Plaintiff got decree againtthew said plaitnff and he wanted to be impleaded as Plaintiff - for thsi he may be added as Plf Nop;-5 of Deft. in the suti to protect hsi interest .The Plf 1 to 4 need not be removed . As on the dat eof the suti the said purchaser was nto owner - he was only agreement holder and gotr a decree after the suti .

he can be impleaded as party interested in the suti proerty - the origianl plaintff need not be removed .

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Y V Vishweshwar Rao (Advocate ) 31 July 2009

The Purchaser ( Decree Holder ) may be impleaded as Plaintiff No;-5 /or/ as one of the Defendants to protect his interest in the suti subject matter !

V.V.RAMDAS (Advocate) 31 July 2009

As per Order 1 Rule 6- CPC the intnding party has to file a petition before the court stateing the intention / reson therein with a pryer to made him as party in the suit. than the court will allow him to add him as party in the suit. O1 R6 clearly speaks that " The plaintiff may, at his option, join as parties to the same suit all or any of the persons severally, or jointly and severally, laibale on any one contract, including parties to bills of exchange, hundis and peromssory notes."

jayaveladvocate (Lawyer) 29 August 2009

Please Read rule 10Order 22 of the CPC where if the subject matter of the suit property was transfered then interest party with the permission of the court can step in

Milind Gyani (Advocates and Legal Consultants.) 30 August 2009

The new owner can add himself (after making necessary appln.) as a party defendant. Thereafter, he can make an application in the court for transposing him as a plaintiff and the plaintiffs as defendants. Thereafter, and / or in the same application he can pray that the old plaintiffs (now after transposition defendants) should be deleted.