Property is in wife name but suit filed only against husband

Querist : Anonymous (Querist) 17 June 2011 This query is : Resolved
R/Members LCI
I myself and my wife are residing in a house which is in the name of my wife,my neighbour has filed a suit for mandatory injustion on the ground of encrochment on his land only against me.Some one has advised me to file a application under sec 10 of CPC,Kindly help.Regards

Follow Query

Report Abuse

piyush sharma (Expert) 17 June 2011
You can file an application Order 7 Rule 11 CPC

Kiran Kumar (Expert) 17 June 2011
suit is not maintainable for non joinder of necessary party.

sanjeev murthy desai (Expert) 17 June 2011
In the said fact indicates that husband has been tried to encroach and not by his wife. Hence, such suit is maintainable. Ownership does not make any invalidation of such suits.

Ravikant Soni (Expert) 17 June 2011
It's "non joinder of necessary party" defect and not comes in ambit of section 10 cpc.

R.Ramachandran (Expert) 17 June 2011
Dear Mr. Piyush,
Order 7 Rule 11 is totally inapplicable in the case.

R.Ramachandran (Expert) 17 June 2011
Assume for a while, I do not own anything in the building. If there is an allegation against me that I am encroaching and there is a suit seeking injunction against me, is it not maintainable? Therefore, where is the question of ownership of any property comes into the picture?

Querist : Anonymous (Querist) 17 June 2011
With due respect i want to add that ld. magistrate suggest my counsel to file application under sec 10 of CPC bcoz two other suits were also filed regarding same property and cause of action,one suit was dismissed in default and another is still pending before another civil judge.Ld. magistrate was also of this view that in my given facts application under order 7 ruke 11 is not maintainable thats why my counsel withdraw the application under order 7 rule 11.Thankyou very much to all respected experts.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries