raj Kushi 03 October 2020

impleading application

I am a decree holder money recovery in execution case, the executing court orders for attachment and sale of immovable property meantime 3rd party MR.X filed application U/O 1 rule 10 (2) for impleading as a party in the execution petition..
my question is Mr.X impleading application maintainable in execution case ?

MR.X is not a legal heir of JDR and not a party in the original suit under these circumstances impleading application maintainable in execution case.?

any rulings?

thanking you sir

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6 Replies

Shashi Dhara 03 October 2020

He has to prove that how he is related or necessary party to implead.

SHIRISH PAWAR, 7738990900 (Advocate) 03 October 2020

Hello,

You have to oppose him to implead as a party in execution proceedings as the suit is already decided. Take the help of an experienced advocate.

raj Kushi 03 October 2020

myself advocate....executing court cannot go beyond the decree isnt it

PRASHANT RAJPUT 03 October 2020

It can go beyond it after all no injustice be done anyone.

raj Kushi 03 October 2020

tq 4 ur valuable reply sir....any rulings infor of DHR

Shashi Dhara 05 October 2020

The attached property As it is immovable, you have to show that the third party is not necessary party and he has no right over attached property,hence to dismiss the application.with cost