Non party to suit in evictionb caase can be ordered to vacate
Vinay Rathi
(Querist) 14 November 2013
This query is : Resolved
In a Consent Decree, Order passed is as per the Consent Terms, Property /Licensed Premises is Occupied jointly and duly acknowledged/recognised by the Licensor in the said Consent Terms too,but Consent Terms are only with one of the Occcupant/Licensee,who was named singly in the suit-
Can such a decree be binding on other Occupantes/Licensees who were not the party to the Suit or Consent Terms?
Can Court has right to pass any Order against a non party to suit?
Pl. enlighten with some Case Law on this .
Thanks.
Arun Kumar Gupta.
Kishor Mehta
(Expert) 15 November 2013
Sir,
The order passed should be specific, hence it is doubtful if it applies to person or persons not specifically mentioned.
Ideally the names of all the relevant persons should have been covered in the judgment order.
Good Luck
Kishor Mehta
M V Gupta
(Expert) 15 November 2013
Persons who are not party to the suit and to the consent terms will not be bound by the orders of court passed on the basis of the consent terms. This is nothing but common sense and does not require any precedent.
