CPC O1 R10(2)
Guest
(Querist) 22 August 2009
This query is : Resolved
A partition suit is filed by one brother against other. There are three sisters alive. Date fixed for filing W/S. on that date instead filing WS can the defendant brother file an application under O1 R 10(2) for joining sisters? (All Hindu)
Y V Vishweshwar Rao
(Expert) 22 August 2009
The Deft Can take the same Plea in his W S , it is for the palintiff to implead the necessary parties , the WS to be filed on the day fixed and in addition to W S , the Deft can also take objection for necessary parties and the sisters can themself be impleaded , or the Deft can file an application , however it is the duty of the Plaintiff to implead all the necessary parties to see that the dispute is finally adjudicated in the presence of all the necessary parties .
Adinath@Avinash Patil
(Expert) 22 August 2009
Good morning Jewel,
C.P.C.o 1 R 10[2] The court may at any stage of the proceedeings,either upon or withoput yhe application of either party,and on such terms as may appear to the court to be just,order that the name of any party improperly joined,whether as plff.or deft.be struck out,and that name of any person who ought to have been joined,whether as plff.or deft.or whoes presence before the court may be necessary in oerder to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.
in your case sisters are necessary parties to adjudicate upon and settle all the questions involved in the suit property. hence defendant brother can file application u/o1R10[2]for joining sisters, if they are not party to the suit.
adv. rajeev ( rajoo )
(Expert) 22 August 2009
Defendant can take the contention of non joinder of necessary parties to the suit. It is the plaintiff's duty to make the necessary parties as defendants.
PALNITKAR V.V.
(Expert) 22 August 2009
Yes. that application can be filed before filing of WS. Not only that but he can request the court to dismiss the suit for non joinder of necessary parties.
senthilkumar
(Expert) 22 August 2009
I agree with Y V Viswesvara rao.
Somnath mukherjee
(Expert) 22 August 2009
Yes he can file this petition, yet he has to file the w/s within the 60 days
Guest
(Querist) 23 August 2009
Thanks to all.....
MANISH
(Expert) 23 August 2009
Yes dear friend,
The application under I / 10 can be filed even alongwith the WS.
The same application could be filed even by the sisters also.
charudureja
(Expert) 23 August 2009
I agree such an application for joinder of parties can gbe filed before filing the ws
VIKAS RAJ CHHAJER
(Expert) 25 August 2009
Please i don't want to advice as there is strike in our district so please pray for us that our high court may not broke and we may live unitedly.
For your matter i will respond but after few days.
Vikas Raj Chhajer
