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PRACHI (Advocate)     19 March 2012

Amendment of plaint

My client Mr.  B has obtained leasehold plot from MIDC. He has obtained all necessary permissions from MIDC in 2008. Prior to allotment of the plot the plot was allotted to Mr.A. Mr. A wants to transfer his leaseholds rights for valuable consideration, therefore Mr.B approached. Mr.B completed all formalities with MIDC and Deed of Assignment was executed.

Now two days before Mr.B received summons from the court. It was mentioned in the statement that Mr. A has agreed to transfer the plot to Mr.C before  Mr.B approached him and MIdc has given permission for the same. Now Mr.B was unaware of the facts that Mr.A has made transaction with Mr.C and Midc has given permissions for the same. It was mentioned that the plot was transferred in the name of Mr.B during the pendency of the suit. Now Mr. C wants to make party to Mr.B in the case which was against Mr.A and MIDC.Now if Mr.B has not done any offence then how he can be party to the suit.

kindly advise on how Mr.B will file his say.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 March 2012

When the sale is taken place during the pendency of the suit then purchaser of the suit property is necessary party.

PRACHI (Advocate)     19 March 2012

but my client was unaware of the fact so nou what will be his defence

PRACHI (Advocate)     19 March 2012

but my client was unaware of the fact so now what will be his defence


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