Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Keshava Murthy G (Junior Advocate)     30 August 2010

plaintiff may state both order and rule in one application?

 

whereas the proposed defendant  is the LR's of the Deceased defendant number so and so, 
weather the plaintiff can  state that  Order 1 Rule 10 and Order 22 Rule 4 in same application?


Learning

 7 Replies

Srinivas (Director)     30 August 2010

Yes. You can filed a single application quoting all relevant sections of CPC.

Also wait on expert opinion for the specific rules you inquired about.

adv. rajeev ( rajoo ) (practicing advocate)     30 August 2010

No both are different application.  U/O 1 r 10 is implead the parties, but u/o 22 r 4 is to bring the LRs. of the deceased on records.  You can implead the parties in the suit who are thrid parties, but u/o 22 r 4 you have to bring the LRs. only.  Hope you got it.

Srinivas (Director)     30 August 2010

thanks for correcting

R.Ranganathan (Director)     07 September 2010

As stated by Mr. Rajoo, both the sections are different and are for different purposes. 

V.G.Rao Advocate (Advocate)     11 September 2010

Hi all,

I would like to know the same situation in partition suit under Hindu law, If plaintiff files a suit for partition against his brothers and parants only, without joining his sisters as parties to the suit, and when the defendants get it to the notice of the same to the court by of W.S and pleads that for non joinder of proper parties the suit is liable to be dismissed.

Even after lapse of 4 months the plaintiff never files any application u/O1 rule 10 of C.Pc. to bring his sisters as parties to the suit, but after death of father(i.e one of the defendant), if plaintiff brings his sisters as LR's of his father under order 22 rule 4 , then what happens to the stand taken by the defendants regarding non joinder of proper and necessary parties, will it stand good at the time of disposal of the suit?  

Vinoba (Advocate)     13 September 2010

Hello,

From your I can't get an idea of which state you are from.  There are quite a number of amendments in the Hindu Succession Act which is extended to Tamilnadu.  There is an amendement to Hindu Succesion Act in Tamilnadu done by Act 1 of 1990 came in to force from 22-03-1989 which says that any female hindu married before the commencement of the amendment act 1 of 1990 shall not be entitled for a share in the coparcenary property as a matter of right.  Therefore in such event bringing the female heirs on record under order 1 rule 10 will serve no purpose.  Even impleading them as legal heirs under 22 rule 4 is also not possible.

L. Vinoba,

Advocate,

Pondicherry.

junaid ahmad (associate)     22 September 2010

hi   In partition suit all should be joined in ur case the plaintiff should have made party sisters also/ but if he has not done so than it was a defect in the suit. So far as ur objection in this regard is concerned it is alive and it will help u at the disposal; AS the sisters have independent right and so they should be arrayed as def.NOW if afther the death of father [defendant]  the sisters arebrought on record then they are only in the capacity of LR not as a independent party. After the death of father [ def ] his share is again partiable ..and ..sister as LR cold get only share of DEASESED FATHER but in this way they ccannot get their original / indipendant share for which they are ientitled to. remember if a partition suit by a male is filed partition opens then female members are entitied to there share.


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