Avinash Gupta (lawyer) 11 February 2010
hi can a defendant
1) after giving written statement with Counter claim
2) by application in order 1 rule 10 ask court to implement a third party as a party in the suit.
3) is this necessary to mention in application that the third party should be come as plaintiff or defendant.
4) and can a third party on distant grounds ( on only saying of defendant no evidence adduced in support of application)
can be made a party to case by court????//
in a matter civil declaratory suit ?
In Maharashtra amendment of CPC and Bombay high Court rules there is specific provision titled "Third party procedure". I think it is covered by O. 8 and not O.1
Defendan can ask third party to be impleaded as a party to the suit especially in case of insurance matter. e.g. iif the plaintiff has instituted a suit against the defendant the subject matter of which is insured. Defendant can insist that the Insurance compnay be impleaded.
Avinash Gupta (lawyer) 22 February 2010
sorry but this is a case of uttar pradesh
B.S. CHHABRA, (Advocate) 28 November 2010
Indirectly it is permissible till the famale partner does not opt for legal course.
nakul (advocate) 01 December 2010
yes it is possible however with the discretion of the court as if you read O1 Rule 10 Sub(2) which provides wide power to court to allow it. But since WS has been filed , now there should be a very strong ground to get it admitted as it should have been done earlier as per O 8 ( third party procedure)
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