Imp-lead / evidence

Querist : Anonymous (Querist) 19 January 2012 This query is : Resolved
IN A CASE RELATING TO A DISPUTE BETWEEN ONE OF THE UNIT OWNER AND SOME OTHER UNIT OWNERS OF THE SAME COMPLEX WHERE ONE HAS ENCROACHED INTO THE COMMON TERRACE AND WHEN A COMPLAINT WAS GIVEN TO THE MUNICIPAL CORPORATION.
THE ONE WHO HAS ENCROACHED HAS OBTAINED A STAY FROM CITY CIVIL COURTS IN A OS WHERE THEY MADE THE CORPORATION A PARTY.
CAN MY WIFE BEING ONE OF THE UNIT OWNER CAN IMPLEAD IN THE OS AND DURING EVIDENCE STAGE CAN I DEPOSE BEFORE THE COURT.

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Devajyoti Barman (Expert) 19 January 2012
If this dispute touches your Unit as well then the owner of the encroached Unit can well pray for getting added as a party to such suit.

Querist : Anonymous (Querist) 19 January 2012
Sir,
The issue is an open terrace being part of the common area where the encroachment is made.
As you are well aware that all the owners when they buy a flat/unit they have to pay for the common area as well.
If that said common area has been encroached by one owner other owners are deprived of their share in the property for which they have paid.
I am in the ground floor and the issue is in third floor.
Under these circumstances can we get implead in the case.
We have already, before the party went to the city civil courts approached the High Court and obtained a stay of construction.

Devajyoti Barman (Expert) 19 January 2012
Are you entitled to use of this disputed portion?
If not then you can not get impleaded. else do as advised above.

Raj Kumar Makkad (Expert) 19 January 2012
Your wife is within her entitlement to file an application under Order 1 Rule 10 read with section 151 of CPC to become a party to the ongoing case and put the entire facts so that stay order may be got vacated as soon as possible.

girish shringi (Expert) 20 January 2012
Mr. Makkad has rightly advised.

prabhakar singh (Expert) 20 January 2012
Your both wishes are possible.
CAN MY WIFE BEING ONE OF THE UNIT OWNER CAN IMPLEAD IN THE OS?????????
YES!she can be as told already by Mr.Makkad.

DURING EVIDENCE STAGE CAN I DEPOSE BEFORE THE COURT.????????????

YES! you can depose under a power of attorney from your wife to do parvi of the case.

Advocate. Arunagiri (Expert) 20 January 2012
It is a repeated query, which was well discussed earlier.

V R SHROFF (Expert) 20 January 2012
Power of Attorney holder can depose?? Evidence can be admitted?? probably NO.

M/s. Y-not legal services (Expert) 21 January 2012
dont know what to say.. frankly am saying that am confused by expert's answer..

-tom-

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