Common interest

Querist : Anonymous (Querist) 21 December 2011 This query is : Resolved
SIR,
IN A CASE RELATING TO ENCROACHMENT IN COMMON AREA MADE BY ONE OF THE FLAT OWNERS AND THERE IS A OS PENDING IN THE CIVIL COURT BETWEEN THE ONE WHO MADE THE ENCROACHMENT AND THE MUNICIPAL CORPORATION.
CAN I WHO AM LIVING IN THE SAME APARTMENT GET IMPLEAD IN THE CASE HAVING COMMON INTREST AS MY WIFE IS ONE OF THE FLAT OWNER.

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ajay sethi (Expert) 21 December 2011
you mean to say that you are on of the owners of the flat and that co owner made encroachment . you can make an application for being added as a party to the suit

Devajyoti Barman (Expert) 21 December 2011
This is repeated query which has been already replied by the experts here.
Please do not repeat the same query time and again.

Querist : Anonymous (Querist) 21 December 2011
Sir,
This is not a repeated question, the question i asked earlier is whether i can implead in the case by taking a power of attorney from my wife who is the owner of the flat.
The question now is can i implead in the case to which i have a common intrest as i am living in the said complex which is owned by my wife.
If I implead thru a POA from my wife my attorney said for evidence purpose the court calls for the evidence of my wife.
Actually I am the first complainat to the muncipal authorities. Even though my wife and three other apartment owners approached the high court and filed a writ, I am the person pursuing the case and i am very well versed with the facts of the case.
As the other complainants are either busy or not well versed about the facts of the case I have been going thru all the aspects of the case and i am the one who engaged the lawyers and have been going to the muncipal corporation getting information thru RTI and pursuing the case.
IN THIS CAPACITY I WANTED TO KNOW WHETHER I CAN IMPLEAD INTO THE CASE AS A PERSON HAVING COMMON INTREST.

Raj Kumar Makkad (Expert) 22 December 2011
You independently have got no right to initiate any legal proceeding as you are not owner of any flat in the society wherein encroachment has been made.

Your efforts done in the matter are not worthwhile in court as the status of you and your wife is different at least in the eyes of law,

prabhakar singh (Expert) 22 December 2011
I agree with this opinion.

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