In my Pending Partition Suit, I wish to implead "Nagar Palika" as a necessary party, so that I can restrain from issuing "Building Completion Certificate and Occupation Certificate" to Builder, who is Defendant No. 2 along with Defendant No 1 (Brother of Mine). Question : 1. Whether Order 1 Rule 10 (2) of CPC, is applicable to Nagar Palika while implementation in pending suit ? 2. How I can show relationship of Nagar Palika as a party in pending suit. Court may ask to prove me, How Nagar Palika comes in way of Partition Suit ? 3. Is it necessary to implead Nagar Palika in pending Partition Suit ? Thanks
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1. Yes you can add nagar palika as party in pending suit.
2. Nagar palika have the duty to issue completion certificate after completion of construction of every property comes under it's jurisdiction.
3. It is not necessary but you should add nagar palika as party.
1. Nagar Palika being a juristic person can very well be made a party to the suit by filing a petition under order 1 rule 10 cpc after giving it a notice for 60 days.
2. Well, if the suit is for partition then definitely Palika can not be made a party to the suit. In other words unless it is come to know why the Palika is to be made party to the suit I can not make comment on merit of the petition.
3. if it is partition suit then Palika can never be made party to the suit.
Yes you can implead them but give not under section 80 cpc first
i wish to implead Nagar Palika only for the reason that they should not issue BCC or OC to building. If such BCC and OC is issued and Third Persons, who booked the flats in constructed building, then how court will order to demolish the construction , which may be on my share , if allowed by Court at the time of Judgment. Please Note, i dont want monetary compensation at any cost, as my share is on open land as prayed in my suit. Thanks
You can do that
1) Nagar Palika is not necessary party in partition suit
2) no need to implead it in partition suit
File separate suit restraining nagar Palika from issue of OC or BCC pending hearing and final disposal of partition suit
In the pending suit for partition Palika need not be made a party.
However for the relief you are seeking for you may file a writ petition praying for similar remedies.
Evey party impleaded under O1R 10 only without status.
To avoid third party interest, NP is necessary party.
No need to impead NP, must have obtained status quo order. Effective against all.
It`s a partition suit, dosen`t court yet passed preliminary decree, the court at the first stage decides whether the plaintiff has a share in the suit property and whether he is entitled to division and separate possession ?
1. Before you are planning to implead the nagar palika as a p[arty to the pending suit, you should have issued a legal notice to them requesting them to not to entertain the builder's request to issue a completion certificate since the proeprty is under dispute and the same has not been decided by court yet and to keep any such application on hold till the disposal of the suit.
You may issue a notice under section 80 CPC, if it is not possible then you may file a petition under section 80(2) CPC seeking to dispense with the notice to the government authority, along with the petition seeking to implead them as necessary party to the suit.
2. The legal notice issued under section 80 CPC will narrate the relationship.
3. It is your own decision whether to implead them or not.
You can give all these explanations in your pleadings while filing any such application or while presenting your arguments seeking to implead them as party.