Property law

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
sir,
the court ordered the parties to maintain status quo in respect to the suit property in probate case in front of the counsel for the defendent . the dda is not the party in the suit . the copy of the order delivered to dda in two days . after the delivery of the order to dda the defendent vioilated the order and disturbed the status quo by applying and excuting some documents with dda. the dda did not stop him to execute the documents despite service of documents to them by saying that the court order is not against them . now does the contemt case is made out against defendent and dda and what are the chances of succeeding thanks

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ajay sethi (Expert) 08 November 2011
if contrary to order defendant has violated court order you cna take out contempt proccedings against defendant .

if copy of order was furnished to DDA and DDA contrary to order has permitted creation of third party rights you show draw attention of the court to said fact .

make an application in the suit for adding DDA as party to suit

Querist : Anonymous (Querist) 08 November 2011
MR AJAY SETHI SIR,
SHUD THE DDA BE MADE PARTY IN THE ORIGINAL SUIT OR ONLY IN CONTEMPT APPLICATION . CAN CONTEMPT BE FILED AGAINST DDA ALSO.

prabhakar singh (Expert) 08 November 2011
an injunction order acts in PERSONAM
then if DDA was not party earlier you can not file contempt against it.

if you implead DDA as party now,you need to seek injunction agaist DDA a fresh.

ajay sethi (Expert) 08 November 2011
DDA should be made a party in original suit . it is formal , proper and necessary party tot he suit

Sailesh Kumar Shah (Expert) 09 November 2011
please check that the Civil Court have jurisdiction over DDA.

Generally, Civil Court have no jurisdiction over Development Authority.

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