is our proceedings correct in court


On 2005 plaintiff filed suit in sub-court against my father and my aunts only without knowledge of me and my brother. My aunts are not attended court and have not filed any written statements till today and they sold their shares in suit property to third parties. We not have well term with them since the period of my grandfather. They are all collided with plaintiffs and their family. My father has filed false and untrue written statement (order 8 rule 1 cpc) in 2005 which is entirely different from which he already filed before RDO & MRO offices. He passed away in 2007. We were impleaded as his LRS in 2008.  On August 2010 I & my brother filed true & correct detailed written statement (order 9 rule 7 CPC as r/w 151 CPC) by adopting my father’s written statement who filed before MRO and Sub-Collector’s (RDO) Offices through another new advocate with recorded evidence and proof. After completion of  plaintiff chief examination, PW1 and PW2 evidence in 2012 plaintiff filed affidavit for strike off our written statement filed on August 2010, they demanded that we can not deviate my father’s falls written statement filed in su-court. On 2013 I filed true and correct detailed chief examination affidavit (order 18 rule 4 cpc) based on our independent Pattadar pass book, title deed, right, title and possession at the end 2014 I filed IA affidavit (order 1 rule 10 r/w 151 cpc) for impleading me and my brother as independent defendants to file detailed true & correct written statement to protect & prove our rights. Recently plaintiff filed counter for dismissal of my IA (order 1 rule 10 r/w 151 cpc) claiming order 1 rule 10 only impleading for third party not on recorded defendant lrs, all proceedings in the trail court pending till today. My grandfather passed on 1987, his legal heirs myself, my brother, my father and my 3 aunts entered in registered partition deed in 1989 we separated suit property and other family properties each of us having separate possession pass books & title deeds.

Kindly suggest & guide me

1. Is the proceeding chosen by me in trail court is correct?

2. Shall I have to file any other petitions instead of which we already filed? 

3. Shall we have to file any separate petition to allow myself and my brother as independent defendants instead of order1 rule 10?

4. To allow our written statement in the trail court as per order 22 rule 4 sub-rule 2 cpc how to file? Pl. refers sections?

Attached File : 254635 20150925203655 626546955 legal question.pdf downloaded 44 times



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