Implead in original suit

Querist : Anonymous (Querist) 16 September 2011 This query is : Resolved
CAN I PERSON GET IMPLEAD IN THE OS IN THE LOWER COURT WHERE HE WAS NOT MADE A PARTY TO THE CASE.
HE IS A PARTY IN THE HIGH COURT.
THE CASE IS SUCH THAT A PERSON STARTED CONSTRUCTING AN ILLEGAL AND UNAUTHORISED CONSTRUCTION IN THE COMMON AREA OF OUR APARTMENTS AND WE FILED A WRIT IN THE HIGH COURT AND OBTAINED A STAY OF CONSTRUCTION AND AS HE CONTINUED THE CONSTRUCTION WE FILED A CONTEMPT. BOTH OF THEM ARE STILL PENDING IN THE HIGH COURT.
AS THE CORPORATION HAS REJECTED THERE REGULARIZASTION AND ISSUED FINAL NOTICE FOR DEMOLITION THEY APPROACHED THE JUNIOR CIVIL JUDGE AND OBTAINED AN INTERIM STAY.
IN THEIR OS THEY CONCEALED THE FACT THAT THERE IS A CASE PENDING IN THE CORPORATION AND FILED THE OS AGAINST THE CORPORATION. I WAS NOT MADE A PARTY TO IN THE OS.
THE JUNIOR CIVIL JUDGE DISMISSED THE CASE AND THE PARTY TOOK A STATUS QUO IN A CMA FROM THE 3RD ADDL. CHIEF JUDGE, WHO DISSMISSED THEIR IA AND CMA.
NOW THEY TOOK AN INTERIM INJUCTION BY FILING A CRP IN THE HIGH COURT.
CAN I NOW IMPLEAD IN THE LOWER COURTS OS.

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prabhakar singh (Expert) 16 September 2011
If original suit is still being prosecuted,you can certainly move application
in trail court stating the fact behind that you are necessary and proper party,hence should be added as a party.

Raj Kumar Makkad (Expert) 16 September 2011
By affixing the certified copy of High Court order passed in your favour in your pending case, you move an application under order 1 Rule 10 read with section 151 of CPC before lower court and become a party thereto.

Shastri J.K. (Expert) 16 September 2011
I agree with mr.raj kumar makkad.

Querist : Anonymous (Querist) 16 September 2011
IF THE OS IS DISMISSED DOES THE CRP HAS ANY SANCTITY.

Chanchal Nag Chowdhury (Expert) 18 September 2011
Bring the entire matter to the notice of the HC. If necessary, move the CJ of HC for assignment of all the cases to one court for final disposal once & for all.

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