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VRK (business)     03 March 2024

Can add one more defendant, in case final stage?

Respected sir/Madam

My friend filed a civil case in 2014 on title dispute with local court, it is in final stage, his advocate missed make as party local Thahasildar/Collector/ Sub- collector on illegal  mutation in revenue records. My friend trying now make Tahasildar as party, in this case stage can possible add one more defendant? 



Quick Summary
This discussion explores the possibility of adding a new defendant, specifically a Tahsildar/Collector, to a civil title dispute case that is in its final stages. While a friend's advocate missed including them initially due to an illegal mutation, the question arises whether this is permissible at this late point. The consensus suggests that adding a party at the final argument stage is unlikely unless specific relief was sought in the original plaint. Furthermore, mutation disputes are generally within the jurisdiction of Revenue Authorities, not civil courts, unless directly linked to the title claim.

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     03 March 2024

If no relief was sought in the plaint or if there was no pleadings made in this regard then the court may not permit the implead petition at this stage.

 

1 Like

Advocate Bhartesh goyal (advocate)     03 March 2024

No, Tehsildar/Collector or Govt can't  be impleaded in title suit as necessary party unless any relief is sought in plaint particularly at the stage of final argument .

1 Like

Dr. J C Vashista (Advocate )     04 March 2024

Mutation of a land cannot be challenged / agistated in a civil court as it is in the jurisdiction of Revenue Authorities.

1 Like

Shashi Dhara   04 March 2024

File application under order 1rule 10 to implead party court will decide, dismiss or allow if dismissed MA..

Kartikey Tiwari   04 March 2024

What is the exact stage sir


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