Injunction Suit
Raghavendra P Hogade
(Querist) 09 June 2010
This query is : Resolved
1st plaintiff borrowed loan from the bank by mortgaging the property of 2nd plaintiff. The 1st & 2nd defendants are the bank and the 3rd & 4th defendants are the guarantors for the loan transaction. Plaintiff defaulted to the bank. bank had filed a case before the DRT. DRT allowed the application of bank and issued the recovery certificate. now the plaintiff has filed a case before the civil judge (jr dn) seeking an injunction order from the court not to attach the 2nd plaintiff's property. the relief sought by the plaintiff is against the bank only and no relief is sought against the 3rd defendant, the guarantor. but the 3rd defendant has been arrayed as party in the injunction suit and there is an allegation against the 3rd defendant in the suit that he has colluded with the bank in the loan transaction. since the suit is for permanent injunction and the prayer sought for by the plaintiff is against the bank and since there is no relief is sought against the 3rd defendant, whether the 3rd defendant can file an application u/o 1 r 10(2) of CPC to delete him from the proceedings. Pl. provide me the case laws on this issue
s.subramanian
(Expert) 26 August 2010
Yes. He can do it for deletion.
