Order 1 rule 10 (2)
Dhiraj A Rajhans
(Querist) 20 August 2012
This query is : Resolved
i am a defendant in a suit. suit is filed for encroachment by the plaintiff. in the said suit he added me i.e. the the owner and the builder as defendant. there r absolutely no allegations leveled against me in the suit. even there in such averments in the cause of action and in prayer clause....
can i file applciaiton in the court under o 1 rule 10(2) to delete myself from the suit.... r there any case laws to support the same.
adv. rajeev ( rajoo )
(Expert) 20 August 2012
You can file an application.
The order says that:
The court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just..........
R.K Nanda
(Expert) 20 August 2012
Yes, u can file said application. No need for any case laws.
