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shilpashetty (Shop Owner)     31 May 2018

Property suite implead party status if case withdrawn

In one of the Ancestor Property suite, the party was impleaded (joined) in the case.  

Initial case was Petitionary (P1) and Respondent (R1).

The Petitionary side few more people like brothers (B1) and sister (C1) impleaded in the case by keeping different advocates.

The P1 wants to withdraw the case by taking money (settlement) from R1.

But B1 and C1 are not interested with the settlement. 

Question1 - can B1 and C1 fight in the same case after P1 withdraws the case.

Question2 - Should B1 and C1 should file a fresh case.

Please guide us here.



Learning

 4 Replies

Raghav Arora   01 June 2018

Hi! Thanks for the question! Here B1 and C1 can carry on with the same case and will not have to file a fresh case if -

1- They have applied for the impleadment and the application was duely allowed by the court before P1 left.

2- They have paid the due court fees and followed the procedure for impleadment.

3- The court has impleaded them in the same case as doing otherwise would have infringed their rights in the property.

This is covered under Order 1 Rule 10 of CPC.

If these conditions are not fulfilled by B1 and C1, then the court may order them to file a fresh case against the respondent.Hope this helps. Feel free to ask questions if any.Good Luck!

shilpashetty (Shop Owner)     01 June 2018

Thanks for your valuable input. In this case court fees is not paid.

I should consider 1 & 3 option right?

Raghav Arora   04 June 2018

Yes, you should! The foremost thing to be satisfied is the allowance of the court! 

 

shilpashetty (Shop Owner)     04 June 2018

Thanks for your quick reply.


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