Addition of Party
Chetan Pardakhe
(Querist) 07 June 2011
This query is : Resolved
That in the plaintiff fied suit for permanent injunction whereas the defendant filed counter cliam against the defendant for vacating the encroachment made over his plot
Meanwhicle the suit is fixed for ISSUES but the plaintiff had let out the house to the another person and the defendant had also issued the notice and intimate him to vacate the plot whereas the suit is pending but the another person did not vacate
My query is whether he has to add as a party as one of the plaitniff in this suit ?
Pls guide in whcih side he has to add as aparty I a for defendant and filed cournter claim?
Pls proviede any citation
adv. rajeev ( rajoo )
(Expert) 08 June 2011
you have to file another suit because in the present suit plaintiff is vacated the suit property, you bring it to the notice of the court to dismiss the suit.
PALNITKAR V.V.
(Expert) 08 June 2011
It is better to add that other person as party in the suit i.e. your counter claim. There is no need to file a separate suit.
Shashikant V. Patil
(Expert) 08 June 2011
In this case, Court should have ordered "Status quo" because either party has to suffer the loss. And during pendancy of the case, how plaintiff, let the house to third person, as per Shri Palnitkar Sir rightly suggested, there is no need to file separate suit, you brought this fact on record in your counter claim to the honourable court.
