Third party involvement in already subjudice case.
Abhay
(Querist) 18 July 2014
This query is : Resolved
Respected Reader's,
I have a Query, My client filed a writ petition(writ of mandamus) to the Hon'ble High Court against second party due to some wrong and non corporative attitude of the said party, now the query arises when the third party who is also aggrieved from the wrong done by the second party, further, would like to mention that the third party is connected to my client, who already filled petition against second party and the case is subjudice in Hon'ble High Court, and third party pressurizing my client by making formals letters, emails.
So, in order that, what could the best possible option to avoid the further complication in matter.
What should be the next step to third party ,should i file the suit against third party or what best possible i can do in this stage(case is still subjudice in high court)?
Thanking you,
ajay sethi
(Expert) 18 July 2014
let third party file separate case against second party . you dont have to file case against third party . your cause of action is against second party only
Abhay
(Querist) 18 July 2014
Shri Ajay Sethi Sir, I appreciate your reply, But, I already have send a formal notice against the notice receive from the third party to advice them to file the counter case against second party and or to came and join us in our proceedings , but they are not willing to understand the situations only just threatening my client( first party) to file a case or to do impossible things,as not permitted under law.
Now, due to their undue pressure, i am seeking any remedy in the form of injunction or case against them, to avoid further futile complication.
so, do i do, as mentioned above or is here any legal remedy to stop them until the proceeding is subjudice at Hon'ble Court.
Guest
(Expert) 18 July 2014
Can you be more clear about the reason the third party is pressurizing your client to do what exactly. If your client has filed a case against second party and the third party has not filed the case against second party but is looking forward to gain from your client matter decision by going for same order process then you cannot force them to join you. Its like they want to sit back and relax while you fight and when you win thereafter they will go for same order process and win without a fight. If this is the case then i don't understand that why third party is pressurizing you to do what exactly.
Gopal Verma Advocate-on-Record
(Expert) 18 July 2014
You can ask the third party to file an application in the pending matter or can consult consult the lawyer with full facts
T. Kalaiselvan, Advocate
(Expert) 19 July 2014
Since your third party is pressurizing you to implead them as a party, you may give a notice to them to refrain from such illegal acts and tortures failing which you can inform them that you may initiate criminal complaint against them either before the police or before a criminal court of law. You will certainly find a difference after that.
