OS

Querist : Anonymous (Querist) 08 December 2010 This query is : Resolved
Sir,
I have filed an OS for Temporary injunction & mandatory injunction for relief in unauthorized construction which harms my rights.I am petitioner & the offender is defendant. Can I make make the Commissioner of City Corporation a party as defendant no 2 when the case has reached filing objections.? because he is not taking any action in demolition of unauthorized construction.Or will it make a delayed process. Please guide.

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Khaleel Ahmed Mohammed (Expert) 08 December 2010
You can make commissioner as party,but have to issue mandatory notice under section 80 cpc.It is better for you to file writ petition befor High Court against commissioner of city corporation.

Kirti Kar Tripathi (Expert) 08 December 2010
Well advised.

Kirti Kar Tripathi (Expert) 08 December 2010
you can seek exemption for notice u/s 80 cpc from court, before impleding the commissioner as defendant.

Raj Kumar Makkad (Expert) 08 December 2010
You shall have to answer various questions before civil court like notice, relief inserted in the plaint against the proposed defendant or not and delay in bringing such application etc. so it is better to persue the case as it is filed against the defendant and you shall have full opportunity to move against Commissioner once you have court decree in your favour and Commissioner fails to comply with it.