Implead petition in appeal suit
Balaji Bakthavathsal
(Querist) 20 October 2019
This query is : Resolved
Respected Learned Lawyers,
I would be very grateful if you kindly clarify the following doubt of mine.
A Civil Suit filed in the year 2010 before the trial court seeking permanent injunction against the defendants and mandatory injunction against the registering officials to cancel the fraudulent encumbrances made on the property. As the defendants failed to turn up to the honourable court, the ex-parte judgment & decree awarded in favour of the plaintiffs by the trial court. In the year 2016. While the first three principal defendants remained quite without appealing against the judgment / decree, the fourth defendant, a fraudulent Power Agent who obtained the Power of Attorney from a non-title holder of the property and who registered the Sale Deed well after the cancellation of the GPA granted to him by the fraudulent principal filed the appeal suit with in a month after the judgment / decree in 2016 and the appeal suit is being dragged till date in the sub-ordinate court.
Now after three years of the filing of the appeal suit, an implead petition was filed under Order – I, Rule 10.
The question or my point of doubt is whether an implead petition can be submitted under Order I Rule 10 in an appeal petition by the non-joinders of the suit ?
Thanks & Regards
Balaji
Dr J C Vashista
(Expert) 21 October 2019
Vague and confusing statement, how can the defendant (now respondent in appeal) be impleaded in the appeal against the judgement/decree of 2016?
Besides this, the GPoA granted is stated to have been granted fraudulantly by non-titleholder and withdrawn then what is the locus standi of the applicant.
Discuss the case with a local senior lawyer with case file.
P. Venu
(Expert) 21 October 2019
Who has filed the impleading petition?
Balaji Bakthavathsal
(Querist) 25 October 2019
Dear Dr. Vashista ji, I am really sorry for the belated response and apologize if my statement is vague and confusing. What I said or meant to say is that I am the petitioner in the original suit and who got the ex-parte judgment/decree and the appellant is the fourth respondent of the original suit. Have I made it clear ? Then Sir, you have asked what is the locus standi has he got to file you have questioned. Well, honest people like you and me will think, do and act according to the law abiding the same. But there are people who abuse the process of law, suppressing the facts, misguiding the honourable court etc. There is no strict surveillance or scrutiny of the petition submitted to the court before accepting the same to ensure whether it deserves to be taken for action by the court. Anyway, thanks Dr. Vashista ji for sparing your valuable time.
Balaji Bakthavathsal
(Querist) 25 October 2019
Dear Shri Venu Sir,
I am extremely sorry for my belated response. I am currently in abroad and the court case is taking place in one of the Sub-Court in Tamil Nadu. I raised the query after checking the court case status through the court web site and I had to collect the information by contacting my advocate. well, the impleading petition was submitted by a third person, who is an advocate and who showed interest in disposing the property for some monetary gain. He is trying through Kangaroo court means to settle the litigation. Now I came to know that he had filed the impleading petition. He is no way concerned to the litigation. Not a legal heir or co-parcenar or counsel to either of the party. Just to drag on the litigation, he had filed the petition it seems so that he can extort money from us. Well, now my question is, can I file a complaint on the advocate in the Bar Council for poking his nose unnecessarily. For your kind information, the honourable judge,returned back the petition.
