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Dr. Oyndrila Sengupta (Doctor)     05 June 2013

Section 9 wbpt act 1997

My father, a retired Govt. employee (IAS), purchased a house with tenants in the KMC area in his own and my mother's name.There was an eviction suit against one of the tenants due for PH.Upon his petition for addition of as sole plaintiffs in the suit the hounorable court ordered for substitution of plaintiffs overrulling the objections by the defendant's,and my father's advocates citing the case law.The court noticed that the original plaintiff was absent inspite of copy service, lost right and interest as well as title in the property. It was ordered that amended plaint be submitted and monthly rent be deposited by the defendant in favour of new substituted plaintiffs i.e my parents.

1. What is the scope and merit of challenging the order by the defendant?

2. What is the limitation for the same?

3. Whether my father can apply for dismissal for non-prosecution?

4. After that whether he can file a fresh suit under section 9 of the WBPT Act,1997 ?


 2 Replies

prakharved (Medical officer)     27 June 2013

@Dr. Sengupta


I think for queries so heavily based on the specifics of your case and the laws, you should get in touch with a good property lawyer. I can suggest you a good website,, here you can post your detailed question and you will get a detailed written reply to your question by experienced property lawyers. You will come to know about the relevant laws according to your state (as the property laws vary greatly from state to state) and would be given the steps you can follow in your situation. 



Dr. Oyndrila Sengupta (Doctor)     29 June 2013

Thank you for your kind guidence.

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