ash83 (.) 21 January 2024

Impleaded as defendant in os civil which is in final arguments stage

Dear all,

My adacent property owner has filed civil declaration suit against municipal authority. The municipal authority is claiming his property to be park.

Now the stage of suit is in final arguments stage.

Can I implead in this os suit as defendant at this stage and tender my written statement and evidence please.? Any adverse order passed will affect my property which is contiguous land with his property.

1. Hence under what provisions I can implead myself in this os suit of adacent property owner.

2. Can I file written statement or I can only tender evidence as this municipal authority is false claiming it to be park including my property.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 21 January 2024

If you feel that you are also affected by this suit then you may have to provide the information by an affidavit in a petition to be filed under order 1 rule 10 cpc to seek permission to implead as a necessary party to the suit

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Advocate Bhartesh goyal (advocate) 22 January 2024

Yes ,if your rights are affected then you can be impleaded as defendant in suit and file written statement and tender evidence irrespective of the fact that suit is in final stage.File application u/order 1rule 10(2) cpc along with affidavit to implead as party.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 23 January 2024

U can file an affidavit in that suit.The court can implead any party at any stage even without an application if it thinks that their presence is necessary in order to effectively adjudicate the suit.