Inclusion of new properties in lower civil court through an IA
Sir
Our case is a suit partition case, filed in 2004, going on in the civil court, we are the plaintiff. the present stage is
Evidence of witnesses is over. Cross chief examination of defendants is nearing to an end.
Now, we had filled for an IA ( interim application)U/0 6 R 17 R /W sec. 151 CPC in the lower court seeking admission of new properties,which were not included during the filing of the partition case in 2004.
In the lower court, judge rejected our IA, by giving the following reasons :
1.IN 2004,When the case was filed, why these properties were not included in the original pleadings.
2.the details of the Properties sold by the defendants were not provided as in, from whom to whom it was sold.
3.no prompt attempt was made by plaintiff and kept quiet for a period of 11 years
The TRUTH is that, we, the plaintiffs were not aware of the properties at the time of filing of the case. ( these properties were made from the money of the main firm, SCHEDULE A, property later on. And it was not in our light at the time of filling of the case in 2004 )
After the rejection of IA in the lower court, we filed for a writ petition, in the high court.
It was rejected in the high court also,, saying that why the reason was not clearly mentioned, as to why these new properties were not added in the original pleadings, while filing the case in 2004.
My question now is,
1.If we approach the Supreme Court, will our IA ( INTERIM application) be allowed, will we get the permission to include these new properties, which are in the name of defendants ?
2.And will we be allowed to include, the properties which were sold by the defendants to other parties??
Asked 8 years ago in Property Law
Religion: Muslim