Two separate application for amendment and impleading party as defendant can be filed before the court.
Whether impleading and amendment applications are to be filed together or separately
In my partition suit, I wish to implead few persons as defendants, accordingly I have to amend the plaint, hence question as below: Whether application to implead is to be filed first and once the same is allowed by Court then, necessary amendment has to be made in Org Plaint OR. One can do both subjects and prayers in one application under two legal provisions 1. Order 1 rule 10 and 2. Order 6 rule 17. Thanks
Asked 5 years ago in Civil Law
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whether these two seprate applications to be filed on same day or after court order passed in application to implead the party. similarly I have to file appln under order 39 rule 1 and 2 restraining newly added party from issuing BCC and CC to builder. Therefore, it is clear there are three applications (1). under order 1 rule 10 of cpc (2) under order 6 rule 17 (3) order 39 rule 1 and 2. hence I am confused with sequence of these three appln. please guide which will go first then second and then third. Thank you.
Asked 5 years ago
Separate Application for each distinct prayer.
Both the application can be filed on same day, you have to add those parties in interim application too.
See in one application you can see addition of parties in plaint and interim application and one for draft amendment.
you you can file application for impleading parties then amend your plaint
You can file a single application no bar is there for the same
Make application for amendment after court passes order on impleading application
then seek injunction
Impleadment and amendment application can go together as one single composite application by filing chamber summons
One above is allowed and the plaint is amended accordingly, the interim application can be made
You are not required to wait till your first composite application is decided and disposed, for pursuing the interim application for interim reliefs
In my view even without the first application having been decided, you can take out a notice of motion making the other parties and the BMC/local body as respondent and seek interim reliefs against it
It may so happen that while your impleadment cum amendment application is pending decision, the local body may issue the OC to the builder, which would make the interim application infructuous and of no use, once OC is granted
First impleaent will be filed and as and when the same is allowed, you may file the application for necessary ammendment.
regards
Move only one application containing both the prayers because impleadment is also an amendment in the OP.
Impleadment will file first and if allowed than amended title will file. No need of amendment applcaiton to replace title.
Both are different and hence both applications ahould b3 filed separately.
All three have different purposes and hence no serial no. Is required.can be filed on the same dat and the coury may hear the same the same day.
Regards
First you hav to file a petition seeking permission of court to implead the defendants as necessary party to the suit, once it is allowed then you can file an amendment petition.
You can file all the three applications together and can get the reliefs one by one.
You can clarify the doubts from your advocate about the procedures if you are in doubt about them instead of committing any blunder mistake