Ld. Panelist,
Question: Can trespasser file application under Order 1 Rule 10 (2)?
Case – short introduction.
In a Title Suit for declaration between partners of a firm, Ld Court directed the Court appointed Receiver to take scheduled suit property (rented premises) under his lock & key with the help of local PS.
In the process, one trespasser (a case under 448 IPC is pending) was dislodged from one part / portion of the scheduled property.
Now, the said trespasser is pleading with the Ld Court by filing a petition under 151 CPC for modification of order and on next hearing date filed another petition under Order 1 Rule 10(2) to implead himself in the Title suit.
My Question:
1) Can the said trespasser seek any relief by filing a petition under 151 CPC for modification of order?
2) Can the said trespasser seek modification of order without a party in the suit?
3) Can the said trespasser become a defendant by filing a petition under Order 1 Rule 10(2)?
Please guide with your valuable suggestions / case law citations.
Thanks
