Cpc sec 10
vinodkumar
(Querist) 05 March 2013
This query is : Resolved
i have my own house which is i purchase in my name, i m leaving in it since i purchace it in 1991 , in year 2010 my realitve like my son's brother in law and his wife[sister in law] make my ownership house forgery sale deed which is in their name and also make rent agreement of the same date same my ownership house, and file a HRP suit against my son who is leaving with me in my house since 1991, for get vacate possession of the my house, in that HRP SUIT they not join me as party although i m in the possession and real and actual owner of the property, now the HRP suit mater is on evidence stage and during this I file a suit for declartion and cancellation sale deed which is made forgerely, i also apply for a panchnama and cort commisssion and it is done compelete by the commissiosner, my query is that the HRP suit is now in judgement stage, and my suti is now in begening stage, I am now, as witness in hrp suit that not sale my flat, and i m real possesseor of the disputed suit property, now i can give application of under cpc sec 10, in the hrp suit as interested person of the suit property? as a third party but real and actual possessor of the suit property i can apply us cpc 10 in that court?
Raj Kumar Makkad
(Expert) 05 March 2013
You shall have to move an application under Order 1 Rule 10 of CPC and not under section 10 of CPC in the given facts. You should not waste much time rather should move such application on tomorrow otherwise after decision of the case, you shall be unable to do so.
