Addition of party as co defendant in a pending bare injunction suit
sridhar pasumarthy
(Querist) 17 July 2015
This query is : Open
Respect Experts,
A suit was filed by a tenant against wife of the owner of leased property seeking permanent injunction to restrain her from dispossession during subsistence of lease. Plaintiff filed the suit under a misconception that wife is the original owner. Now after knowing that husband is the owner of property, plaintiff filed an application under order 1 rule 10 CPC seeking to imp lead the husband/real owner as 2nd defendant alleging that he has been often visiting the leased premises and threatening the plaintiff to dispossess him forcibly.
My queries are :-
1. Whether plaintiff is entitled to implead a party as new defendant on the basis of subsequent cause of action pending the suit? OR
2. Should the plaintiff file a separate suit against the husband?
Pls answer my queries.
