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abhimanyu (Querist) 08 April 2013 This query is : Resolved
A dispute arose between two persons and one of them filed a suit for declaration of his ownership to the property. The Defendent in his reply has stated that he has no claim to the property but pending decision of the Court, the relative of the defendant has started threatening to claim right in that property. The Plaintiff desires to know whether under the circumstances, the court will dismiss his suit for declaration.

Further, he wants to know how at this stage he should tell the court that such relative of Defendant is threatening to claim his right in the property and as such declaration be made by the court.

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Adv. Chandrasekhar (Expert) 09 April 2013
Why the relative of defendant is staking his claim? If he is connected with the dispute, he should have been made party. Otherwise, his threats amount to offences and a complaint has to be filed against him in the concerned police station.

Adv k . mahesh (Expert) 09 April 2013
yes make his relative a party to the suit

abhimanyu (Querist) 09 April 2013
In fact such threats are over telephone. Please advise w.r.t. queries raised please.

Adv k . mahesh (Expert) 10 April 2013
then ask him to produce documents or will complain to police

abhimanyu (Querist) 10 April 2013
Experts are requested to opine with regard to granting of declaration or dismissal of case by the court.

Raj Kumar Makkad (Expert) 10 April 2013
Implead such relative as one of the defendants and seek declaration against him.

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