To add party, O 1 rule 10 application will file not amendment.
Whether one application for 2 different subjects, under 2 different Orders of CPC is maintainable ?
Matter is in Trial Court (District Court) Whether Application under Order 2 of 10 of CPC (to add the new party as defendant in main suit) and application under Order 6 Rule 17 of CPC (To amend the plaint to add the party as defendant in main suit) can be filed TOGETHER or SEPARATELY along with the application for interim orders under Order 39 Rule 1 & 2 restraining the new party for creating TP interest or as the case may be. In Simple words. Sequence of Application under CPC, when there is Emergency of obtaining interim orders (maintaining status quo) 1. under Order 1 rule 2 of 10 (to add party as defendant) 2. under order 6 rule 17 (to amend the plaint) 3. under order 39 rule 1 & 2 (to status quo) Please Note : The party to whom we wish to add, he may sell the property or will create TP interest till the Court passes appropriate orders, which may take 1 or 2 months., SO I HAVE NO CHOICE TO WAIT FOR 2 MONTHS and this period is not affordable. Therefore need filing in combination for 1st two, along with the 3rd one. Please suggest /advice what would be the correct way in view of Emergency.
Asked 4 years ago in Civil Law
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7 Answers
1) you can withdraw existing suit with libertyto file fresh suit
2) you can in fresh suit make all parties as defendants
3) seek injunction restraining sale of property by defendant
4) no need to make application for adding parties or amendment of plaint as it would be long drawn affair
Take out status quo application first by way of a motion making the proposed party as party respondent
Simultaneously file the composite application for addition of that party and for amendment of plaint
If you take out amendment and addition application first and if that is disallowed by court, then you may have to go for an appeal from order and by that time the proposed party will have done its work by creating TP interest
So just file a motion first for status quo by making that party as respondent even though he is not a defendant party in your suit
First the application for amendment and adding party can be filed together praying both things in same application and further you can file an application seeking order of interim relief against the party added once the first application is granted.
It can be filed together in the same suit
Move only one application under 0 6 r 17 which will cover what amendments you wants in the plaints so give all the facts related to parties to be amended etc in this very application.
You can file different petitions related to each other at a time while the court will admit the petitions in sequence, i.e., first it may take up the case for adding new party as per order 1 rule 10 and after that petition is allowed then it may pass order to file an amendment petition and to carry out the amendment, once this is completed then the court may take up the petition filed under order 39 rule 1 and 2 for consideration.
In my opinion, you may keep the petition under order 39 rule 1 and 2 cpc on hold without letting know the opposite party your intention to file the other two petitions, once the other two petitions are allowed then you may file this injunction application.
This will be a strategy, however you may proceed as per your your own decision.
