regarding filing of petition
Dinesh
(Querist) 07 February 2017
This query is : Resolved
Dear Experts,
Our society has gone for redevelopment and now after getting the OC, one member is not vacating his premises as a result of which rest of the members are suffering. The builder has now filed a case in d high court for his eviction and has named the member as well as the society as d respondent.
Should the society not be made the plaintiff along with the builder as well?
Need your opinion about the same.
Thanks for your time.
R.K Nanda
(Expert) 07 February 2017
it is builder discretion as to whom he want to make plaintiff or defendant.
rajeev sharma
(Expert) 07 February 2017
No reply may be given without going through the plaint.
P. Venu
(Expert) 07 February 2017
Even as a respondent, the Society can support or concede the petitioner's case depending upon the pleadings. It is desirable that, first of all, issue needs to be discussed among the society members and a common decision/consensus arrived at.
Dr J C Vashista
(Expert) 10 February 2017
What type of Society has been referred in the query? Reply shall differ in different type of society.
I agree with expert opinion of Mr. R K Nanda impleading any person is discretion of plaintiff.
Dinesh
(Querist) 16 February 2017
Thank you experts for your valuable advice.
