Implead
Ramkrishna
(Querist) 15 April 2012
This query is : Resolved
IN A CIVIL SUIT RELATING TO ENCROACHMENT OF COMMON AREA, THE PARTY WHO MADE THE CONSTRUCTION HAS FILED AN OS IN CIVIL COURT MAKING THE CORPORATION AS RESPONDENTS.
WE SOME OF THE FLAT OWNERS WHO HAVE FIRST REPORTED ABOUT THE ILLEGAL CONSTRUCTION TO THE CORPORATION AND WHO HAVE FILED A WP IN THE HIGH COURT ASKED THE CIVIL COURT TO IMPLEAD US IN THE OS.
NOTICES WERE ISSUED TO THE PARTY AND THE CORPORATION REGARDING THE IMPLEAD PETTITIONS.
BUT EVEN AFTER 5 ADJOURNMENTS NEITHER PARTY APPEARED BEFORE THE COURT.
NOW WHAT WOULD BE THE CASE OF OUR IMPLEAD PETTITION.
THE CASE IS POSTED FOR EVIDENCE AND DOCUMENTATION AT PRESENT.
Devajyoti Barman
(Expert) 15 April 2012
Which court are you talking about? This is quite common for civil court.
However on the next occasion you can insist on ex parte hearing so the court may not give another opportunity to the other side.
Adv.R.P.Chugh
(Expert) 15 April 2012
You guys appear to be proper parties in the suit at the least, your impleadment should be allowed. As Mr.Burman said - emphasise on ex parte adjudication of application if they are not coming.
Arun Kumar Bhagat
(Expert) 15 April 2012
In case non-appearance of Petitioner/Plaintiff the Suit shall be dismissed for non-prosecution.
prabhakar singh
(Expert) 15 April 2012
RIGHT! YOU SHOULD INSIST THE COURT TO ALLOW YOUR APPLICATION EXPARTE AND THERE AFTER IF PLAINTIFF DO NOT CARRY NECESSARY AMENDMENT IN THE PLAINT FOR YOUR IMPLEADMENT YOU CAN MOVE COURT WITH APPLICATION TO DISMISS THE SUIT ITSELF.
Raj Kumar Makkad
(Expert) 15 April 2012
You move an application first and then wait for its outcome. Generally courts accept such applications in the larger interest of justice subject to some cost.
