O6,r17 and o1,r10 of cpc,sec22 of limitatiom act

Querist : Anonymous (Querist) 04 November 2011 This query is : Resolved
a suit for specific performance,agreement betn purchaser and seller"s power of attorny holder. plaintiff did not make party Real owner. After 5 years plaintiff is willing to make Real owner party.What will happen?

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Raj Kumar Makkad (Expert) 04 November 2011
If Power of Attorney was holding his GPA till date then there is no problem to join Principal seller in the suit. Even minor technicalities should not come in the way.

Kiran Kumar (Expert) 05 November 2011
I agree with Mr. Makkad, there shall not be any impediment in impleading the actual owner as party.

prabhakar singh (Expert) 05 November 2011
The application can be allowed out right no matter 5 years have passed to the pendency of suit provided the TRAIL HAS NOT COMMENCED,IN CASE IT HAS COMMENCED THE PLAINTIFF WOULD ASKED TO SHOW THE REASON THAT DESPITE DUE DILIGENCE THE APPLICATION COULD NOT BE MOVED EARLIER.

Guest (Expert) 05 November 2011
the amendment petition can be allowed based upon your facts.

Sailesh Kumar Shah (Expert) 07 November 2011
All experts rightly answered that the amendment petition can be allowed.

Querist : Anonymous (Querist) 07 November 2011
Thank you all. But when agreement was made, purchaser knew who was real owner ,and it was mentioned in agreement. Even than ?

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