Petition u/o.19, r.2 of cpc
Suresh Babu Rai
(Querist) 30 April 2013
This query is : Resolved
Morning Members!
The petitioner/plaintiff has filed a suit for perpetual injunction and also filed an IA therein under 39, R.1 & 2 of CPC against Respondents/Defendant No.1 to 4. The Hon’ble Court pleased to issue urgent notices to the respondents and fixed the date of appearance on 15.04.2013. On that date I have filed a memo offering to file my vakalath on behalf of all the respondents in the next date and requested time for filing of counter to defend the subject matter of the petitioner/suit. The petitioner prayed to pass statusquo orders till the date of my request, as such the court pleased to direct us to maintain statusquo and posted the matter to 22.04.2013. On the said date I have filed my detailed counter clearly and categorically stating the true facts behind back of petition under O.39, rule 1 and 2 of CPC. In fact the petitioner before filing of the suit has executed a GPA in respect of suit house to the respondent No.1 and the respondent No.3 have purchased the same from the respondent No.1 through a Regd. Sale Deed in which the petitioner/plaintiff acted as principal vendor as per the provisions of Indian Registration Act. I have also filed two third party affidavits of neighbors of respondent No.3 denying the possession of the petitioner/plaintiff over the suit house along with their attested copies of ration cards for the proof of their identity.
The petitioner/plaintiff with an intention to drag the matter have filed a petition under 19, rule 2 to summon the third parties for the purpose of cross examine them to illicit the truth that their signatures are tampered and they do not know the contents of their affidavits filed support of petition filed under order 39, rule 1 and 2 of CPC.
I have filed a counter showing the ill intention of the petitioner to drag the statusquo orders passed in O.39; R. 1 & 2 of CPC the petitioner has filed the present application as the justice delayed is justice denied. It is not the junction to cross examine the third parties to decide the O.39 R.1 and 2 application and they can summon in the main suit and court can frame an issue in this regard and can settle that issue in the main suit. The matter is posted for arguments of both sides.
Any suggestions please…
Thank you one and all.
Devajyoti Barman
(Expert) 15 August 2013
You are in the right track. Go ahead and all the best.
