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saurabh (advocate)     12 October 2012

Defendant death

we Petitioners filled a case for tempory injunction against MCD who with the defendant zarina begam issued notice for the house where we are living and declared the house as dangerous and needs destruction..... petitioner living in this house since more than 60 years... earlier also so many ppl used to claim that propert and in 2007 court order even not to deposit rent in court...and as of now there is no actual owner..almost every one died....

petitioner went to senior civil judge for tempory and permanent injunction agaisnt mcd and zarina begum to stopped sending gundas to our house.... status quo is granted and mcd will not act till further orders

in written statement zarina begum declared that she is the owner of house but not at all submitted the papers of ownership with written statement.

petitioner filled the rejoinder and matter send to mediation for settelment.... during that process zarina begum expired...

petitioner filled the application for repair before MCD also and before judge also...which is pending...now is it necessary to make legal heirs of zarina begum a party....zarina begum heirs do appeared in court but do not want to be party in the case....

can petitioners states that she has not submitted ownership paers with written statement and we also gave her the rejoinder....Please guide is it necessary to make heirs of defeendant party in this case or is it fine



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 3 Replies

surjit singh (Assistant)     13 October 2012

Order VIII Rule 1A CPC specifically states that while presenting the WS it should also contain a list of document which is relied upon and produce it before the court.

So in this regard it is clear that when such documents are not produced before the court at the time of filing the WS the plaintiff has got a right to object before the court for not entertaining document which has been relied upon in the WS and has not been produced before the court.

Narendra Malik (advocate)     14 October 2012

Since you are petitioner it is your duty to bring LR's of Zarina Begam on record. File application under Order 22 of CPC within 90 days of her death other wise your suit will be abated.

saurabh (advocate)     14 October 2012

Well defendant zarine begum already given the writen statement and told the court that she is the owner of the said property but has not submited a single paper of ownership....

further we in rejoinder took thi sground that she has not submited any ownership paper...

again the suit is for permanent injunction restraing MCD to demolish the property not against the zarina begum ..we just stopping zarine begum from entering the premises


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