How to prevent tenant being made third party in civil injuction suit
Rahul Gupta
(Querist) 16 October 2015
This query is : Resolved
My wife in civil injunction suit filed by her in Agra has asked for stay on sale of flat and that she should not be forced to vacate that flat. I am sole owner of this flat which is currently rented and occupied by tenant. Wife’s lawyer has made false claim that wife is currently staying in this flat, rent agreement between me and tenant is false and tenant should be made third party in case. I am worried that tenant to avoid legal problem instead of becoming third party might vacate flat. Kindly advice what argument I should put in court to avoid order of making “tenant as third party in this case”? Also inform that how frequently in such cases court actually forces tenant to become third party?
P. Venu
(Expert) 16 October 2015
There is no logic in being wary of the tenant. If not a party, he could still be summoned to appear as a witness.
Rahul Gupta
(Querist) 16 October 2015
As witness might have to come once or twice to court to that tenant is unlikely to object but bring party to case means lot of legal formalities. What argument I should give to avoid making him party of case? Also how frequently such arguments succeed in court?
Rajendra K Goyal
(Expert) 16 October 2015
Tenant may give Vakalatnama to your lawyer and need to appear for witness and not on each proceeding. You or your lawyer would be appearing in the case.
Sudhir Kumar, Advocate
(Expert) 16 October 2015
query not clear of facts so unable to agree or disagree with the above views.
T. Kalaiselvan, Advocate
(Expert) 21 October 2015
You cannot force your tenant to appear before court even if you make him a third party and would like to add him as a necessary party to the suit by filing an application under order 1 rule 10(2). Upon receipt of summons, if he is not turning up then the case may go against you. Instead if you are in possession of rental receipts book copy or the counterfoil or the rental agreement copy or atleast copy of his landline telephone bill or gas connection consumer receipt copy from that address to establish his tenancy,you can vouch upon these documentary evidences and can put forth your arguments accordingly.
