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sunil (prop)     17 May 2018

Can trespasser file application under order 1 rule 10 (2)

Ld. Panelist,

 

Question: Can trespasser file application under Order 1 Rule 10 (2)?

 

Case – short introduction.

 

In a Title Suit for declaration between partners of a firm, Ld Court directed the Court appointed Receiver to take scheduled suit property (rented premises) under his lock & key with the help of local PS.

 

In the process, one trespasser (a case under 448 IPC is pending) was dislodged from one part  / portion of the scheduled property.

 

Now, the said trespasser is pleading with the Ld Court by filing a petition under 151 CPC for modification of order and on next hearing date filed another petition under Order 1 Rule 10(2) to implead himself in the Title suit.

 

My Question:

 

1) Can the said trespasser seek any relief by filing a petition under 151 CPC for modification of order?

 

2) Can the said trespasser seek modification of order without a party in the suit?

 

3) Can the said trespasser become a defendant by filing a petition under Order 1 Rule 10(2)?

 

Please guide with your valuable suggestions / case law citations.

 

Thanks



Learning

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