Sushil Kumar Bhatia (Advocate) 19 March 2009

parties to suit

A is the owner of a flat on first floor B is the owner of the ground floor .B has intention to remove partition wall of ground floor and A has apprehension because of removing walls the first floor can be damaged .A has filed permanent prohibitory injunction suit against B and court has granted temporary injuction against B not to remove wall till the next date and injuction is extended time to time .Now A has sold the flat on first floor to C How A can be deleted and C can be impleaded in the suit

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5 Replies

Y V Vishweshwar Rao (Advocate ) 19 March 2009

A petition to impleade the C as Plaintiff No;-2 in the Suit as he acquired rights from A as transferee .A need not be deleted from the suit proceengs , as the Suit i was filed beofe the Sale to C .

Shashikant V. Patil (Lawyer) 19 March 2009

As original owner of flat was A to whom cause of action arised and filed suit for injunction and hence "A" cannot be deleted from parties of suit, even though "A: sold it to "C".

Swami Sadashiva Brahmendra Sar (Nil) 22 March 2009

after having purchased the suit property from plaintiff, C stepped into the shoes of A. now it is C's part to prosecute the suit by filing impleadment application u/o 1r.10(2) of CPC . deletion of original plaintiff is not necessary.

you may also file an application under same provision.

you may insist on proviso to r.1 of order 17 of CPC which provides that no adjournment to a party shall be granted more than three times during the hearing . you may request to the court to vacate the temporary injunction

VAIBHAV RAMCHANDRA GAIKAWAD (education) 22 March 2009

hello, sir

if petitioner bring on record legal heir as son and wife of deceased father in proceeding without bring on record two daughter,, wht will do?

is it any judment?

Swami Sadashiva Brahmendra Sar (Nil) 22 March 2009

regarding query of mr. vaibhav-

Mr. vaibhav,

legal representatives of deseased party who are not brought on record by existing parties, may file application to substitute them onder order 22 r. 3 or 4 of CPC as the case may be. any question regarding their rights as LR shall be determined by the court under order 22 r. 5 Of CPC

DR. V.N. Tripathi

dr.vntripathi@yahoo.com ; mob. 9839527421 ph. 0532-2545245