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V.G.Rao Advocate (Advocate)     14 July 2014

Maintainablility of petition by respondent

Hi all,

Mr A filed accident O.P against sole respondent "B" for claim of Rs XXXXx, wherein subsequently the said respondent filed his counter denying all the allegations against him and claimed that as on the date of alleged  accident he was not the owner of the vehicle and that he sold it out to one "X" even prior to the date of the alleged accident, and claimed that on the date of the accident the said vehicle may be in the custody of "X" or with its financer. Interestingly the sole respondent apart from filing the counter in the main O.P, he also filed a petition Under order 1 rule 10 of C.P.C seeking to implead the purchaser, and financers to find out the truth.

Now my question is

1)Whether "B:" sole respondent is entitle to file order 1 rule 10 petition praying the court to implead the purchasers and financers?

2)Whether he should remain silent by filing his counter in the main O.P denying all the alleged allegations against him.

3) The officer on whose bench the issue is pending raised an objection that " A petition Under Order 1 rule 10 of C.P.C is to filed either by the petitioner in the main O.P or Plaintiff in the main suit, but not the respondent.,  and he asked the respondent to pass a case law regarding maintainability of the petition by the respondent.

In the given case i need suitable case laws  either on maintainability or for rejection of application filed by the respondent "B".  thanking you in advance.



 2 Replies

adv.raghavan (Advocate,9444674980)     15 July 2014

Yes it is maintainable, Petition has to be filed under section ORDER 1 RULE 10 (2), on acceptance of the same the court may order for  amendment in plaint under ORDER 1 RULE 10 (4) and same will be provided to all the defendant.

adv.raghavan (Advocate,9444674980)     15 July 2014

pls refer the following case:

Smt. Sushil Kaur W/o Sukhbirsingh Chhatwal And Ors. Vs. M/s Aurangabad Ginning And Anr.

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