B.t. a. a. l.
pratik
(Querist) 29 October 2013
This query is : Resolved
Weather A.L.T. has right to entertain application under O. 1 R. 10 of cpc in 32g proceeding?
Fact of the case are:
1. Mr.M1 and Mr. M2 are owner of suit land.
The tenant have made application u/s 32g before A.L.T. to determine value of suit property and show their willingness to purchase the land.
2. The owner of the said land have not appear before the h'ble tribunal.
3. However a third person have appear before tribunal by making application under O. 1 R. 10 of C.P.C., stating that his mother is owner of suit land and Mr. M1 and Mr. M2 are just appointed as MANAGER for the said land. (mutation entry is there on 7/12 stating "owner is widow hence tillers day is postponed"
1.now the question is whether tribunal has right to entertain such application(O.1 R. 10 of C.P.C.) at this stage?
2.whether at this stage can tribunal add such person as party to case?
3. widow has expire on around 1986 but no changes have been made to 7/12 to that effect. can limitation be ground to dismiss the application?
please advice
Nadeem Qureshi
(Expert) 29 October 2013
Dear Pratik
Contact a lawyer personally with all documents for best advise
Rajendra K Goyal
(Expert) 29 October 2013
Consult a local lawyer and show him all the documents.
Raj Kumar Makkad
(Expert) 29 October 2013
Tribunal has got all powers as vested in a civil court as such the application under order 1 rule 10 of cpc can very well be entertained by it.
R.K Nanda
(Expert) 29 October 2013
take help of lawyer.
