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| application under Order I Rule-10 r/w Order 9 R-XVII c.p.c |
Purpose: To implead additional parties by making necessary amendments in a pending suit.
IN THE COURT OF (NAME OF THE JUDICIAL OFFICER), LEARNED CIVIL JUDGE
In the matter of:
(Give the title of the suit)
(SUIT FOR DECLARATION ETC)
APPLICATION UNDER ORDER 1 RULE 10 READ WITH ORDER 6 RULE XVII C.P.C
Respectfully Sheweth:
That the plaintiff filed the instant suit before
this Hon’ble court which is fixed for today.
That the respondents/defendants No. 10 to 13
filed application U/S 12(2) CPC, in which, the respondents /defendant No.10 to
13 alleged that Mr. Atif/defendant No. 4 sold out land measuring 3K-2M through
sale deed No.8734 dated 22.08.1990 in favor of Mr. Marchil and Mr. Marchil further sold out the same to Walidad/ the
father of respondents/defendant No. 10 to 15 through mutation No. 701 dated
09.08.1992, whereas, Mr. Atif/defendant No. 4 also sold out land measuring
5K-4M through mutation No. 725 dated 13.04.1995, sale deed No. 11071 dated
12.12.1994 and mutation No. 768 dated 14.01.1995 in favor of Walidad and Mr.
Pittor/defendant No. 3 also sold land measuring 1K-17M through sale deed No.
5230 dated 14.07.1998 and mutation No. 800 dated 19.08.1998.
That when the applicants obtained a copy of
above said application U/ S 12(2) C-P-C, then the applicants got knowledge
about the above-said fake and fabricated registered sale deeds and mutations
which are also based on fraud and misrepresentation.
That the above said Mr. Marchil has died and his legal heirs are getting
the benefits on the basis of above said fake and fabricated mutations and
registered sale deeds, therefore, the applicants want to implead the legal
heirs of Mr. Marchil (deceased) in the
array of defendants. The detail of the legal heirs of Mr. Marchil the are as under:-
Armjad, Ijaz, Ulfat (sons), Fareeda, Fizza, Sadia,
Parveen (daughters)
That without impleading the above said proposed
defendants, as proper and necessary party as defendants, no effective decree
can be passed in absence of the proposed defendants.
Furthermore, the applicants also want to amend
the suit a following: -
In Headnote: suit for declaration, cancellation, possession through
partition, permanent and mandatory injunction.
In plaint To Add
4A. That the defendants No. 10 to 13 filed application U/S 12(2) C.P.C,
in which, the defendant No.10 to 13 alleged that Mr. Atif/defendant No. 4 sold
out land measuring 3K-2M through sale deed No.8734 dated 22.08.1990 in favour
of Mr. Marchil and Mr. Marchil further sold out the same to Walidad/ the father
of defendant No. 10 to 15 through mutation No. 701 dated 09.08.1992, whereas, Mr.
Atif/defendant No. 4 also sold out land
measuring 5K-4M through mutation No. 725 dated 13.04.1995, sale deed No. 11071
dated 12.12.1994 and mutation No. 768 dated 14.01.1995 in favour of Walidad and
Mr. Pittor/defendant No. 3 also sold land measuring 1K-17M through sale deed
No. 5230 dated 14.07.1998 and mutation No. 800 dated 19.08.1998 and when the
plaintiffs obtained the copy of above said application U/ S 12-(2) CPC , then
the plaintiffs got knowledge about the above said fake and fabricated
registered sale deeds and mutations which are also based on fraud and
misrepresentation, therefore, the same are liable to be cancelled being null,
void, void ab-initio and against the genuine and lawful rights of the
plaintiffs.
That if the instant application is not accepted,
then the applicants shall suffer an irreparable loss.
PRAYER:
It is, therefore, respectfully prayed that the
application may kindly be accepted and the applicants may kindly be allowed to
implead the suit according to para No. 6 of the instant application and to
implead the legal heirs of Mr. Marchil (mentioned in para No. 4 of this
application) in the array of defendants, for the best extreme of justice.
Any other relief, which this Hon’ble court deems
fit and proper may also be granted to the instant applicants.
Applicants Through Counsel
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