Amendment of Plaint
Phani Kumar. D
(Querist) 13 April 2010
This query is : Resolved
Dear Sir,
One of my colleague asked this question.
Case facts are .....
Power of Attorney Holder (Power of Attorney executed by original Owners to file a suit only) filed a suit (injunction over landed property) against an Institution. Subsequently Original Owners sold the same property to 'X'. Now 'X' filed a Petition Under Order 1 Rule 10 to implead him as Plaintiff as he purchased the suit schedule property.
Now the question is
1) who has to amend plaint ?
2) What about Power of Attorney Holder ?
3) What are the pleading of the Plaintiff ?
4) What step court has to take up ?
This is the doubts in the above case. So, I request you to explain above these questions and if there are any decessions please inform me.
Thanking you,
D. PHANI KUMAR,
ADVOCATE,
ANANTAPUR (AP)
niranjan
(Expert) 13 April 2010
Mr. X would replace the POA and only he is entitled to proceed in the matter.The POA of previous owner has no locus-standi in the suit.
Guest
(Expert) 13 April 2010
When the suit is pending, the POA has to carry out the amendment. The new plaintiff's name will be included only after the Court allows the impleading petition. Only after the inclusion of the new plaintiff in the amended plaint, he will have locus standi to conduct the suit.
Suryanarayana Tangirala
(Expert) 13 April 2010
Is the implead Petition pending?if at all if it is allowed it is a surprise as to how it was allowed!!It is an Injunction suit.what way this new purchaser has interest in the suit thought a present owner?let him ignore the suit what will happen?he will not be effected,only thing is he has be in possession.By virtue of losing possession over the property the previous owners what is the fate of the suit?
Steps to amend are to be taken by Plaintiff.
I am waiting for Senior members answers to this query.
Parveen Kr. Aggarwal
(Expert) 13 April 2010
The purchaser can be substituted in place of the original plaintiff and he may continue the suit. The provision therefor has been made under Order 22, Rule 10 of the Code of Civil Procedure, 1908.
Suryanarayana Tangirala
(Expert) 14 April 2010
Dear Praveenkumar,O.22 R.10 deals with assignment of decree not lispendens
Parveen Kr. Aggarwal
(Expert) 21 April 2010
Mr. Suryanarayana Tangirala,
Order 22, Rule 10 of CPC makes provision for a situation where during pendency of the suit, any party to the suit assigns its rights in the suit property in favour of any other person. The query also pertains to the same provision.
