new petitioner

What is the use of repeatedly posting several queries on the same facts. on various days..  Please understand the limitation of the forum, discipline and act as guided in your previous query.

What is the use of repeatedly posting several queries on the same facts. on various days..  Please understand the limitation of the forum, discipline and act as guided in your previous query.

Instead of repesting the same query, post the complete facts so that we may be able to offer some suggestion.

In a suit that is disposed, there is no case existing hence there is no question of filing a petition by a new person to implead them as a party to the case that has been disposed.

However this may be taken up in the appeal.

A necessary party is a party without impleading whom a claim cannot be legally settled by court. In other words, in the absence of a necessary party, no effective and complete decree can be passed by the court. There is no standard for determining who are the necessary parties to a suit.

The appellant can choose to file an application for impleading the necessary party in the appeal under the provisons of Order 10 Rule 1 CPC.

This is the original query:  I am petitioner and the suite is disposed. And the delay petition rejected. can my wife appeal as new petitioner on that and what is the period

The crux of the issue is: "can my wife appeal as new petitioner"

In fact, I could not correctly understand the query as to why the wife should appeal, what is her locus standi, why she was left by husband in suit disposed of, how she can file an appeal without setting aside the existing decree.

Coming to impleading of the parties, it has become common, mainly in those legal heirs, where some of them settled abroad, they were receiving certain rental income sent by other legal heirs, but still, the property was disposed long long back through obtaining false legal heir certificates.  Purchasers (mostly politicians of ruling party)  are also hand in glove with sellers as they get such property for throwaway price in a prime locality and even when legal heirs have knowledge shy of fighting in courts for decades they treated the property as lost and disconnected relationships with their kin.  When certain parties are not impleaded, and if the court comes to know of that, the case can be dismissed, but in most cases the judges use their limited discretion, and state in judgment that a preliminary decree has to be obtained only after impleading them.