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Impleadment Application O1 R 10 CPC

This document is an application for impleadment filed in the Dwarka Court. [1] The applicant seeks to be impleaded in a lawsuit between XYZ and the Dwarka Court Bar Association regarding seat number 12 in Hall 2. [2] The applicant states that they were allotted this seat by the Bar Association and have taken possession of it. [3] The applicant argues that they are a necessary party to the lawsuit and that the plaintiff's application should be dismissed since the applicant already has possession of the disputed seat.

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raj singh
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6K views6 pages

Impleadment Application O1 R 10 CPC

This document is an application for impleadment filed in the Dwarka Court. [1] The applicant seeks to be impleaded in a lawsuit between XYZ and the Dwarka Court Bar Association regarding seat number 12 in Hall 2. [2] The applicant states that they were allotted this seat by the Bar Association and have taken possession of it. [3] The applicant argues that they are a necessary party to the lawsuit and that the plaintiff's application should be dismissed since the applicant already has possession of the disputed seat.

Uploaded by

raj singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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IN THE COURT OF SHRI ASHISH KUMAR MEENA, LD CIVIL

JUDGE-01 (SW)/DWARKA COURT

IN THE MATTER OF:

Xyz PLAINTIFF
VS
DWARKA COURT BAR ASSOCIATION RESPONDENT

CS NO. abc/2022
NDOH : 26.00.2022

INDEX

SL.No. Particulars Page No.


1. Application for Impleadment in the
aforementioned Plaint with affidavit.

2. Annexure P-1. The copy of the order of


Dwarka Court Bar Association dated
14/00/2022 for the allotment of the seat

Applicant

THROUGH COUNSEL
ccccc
ADVOCATE

PLACE : NEW DELHI


IN THE COURT OF SHRI ASHISH KUMAR MEENA, LD CIVIL
JUDGE-01 (SW)/DWARKA COURT

IN THE MATTER OF:

aaaaaaaaaaaaaaaaaa PLAINTIFF
VS
DWARKA COURT BAR ASSOCIATION RESPONDENT

CS NO. cccc/2022
NDOH : 26.00.2022

APPLICATION FOR IMPLEADMENT IN THE AFORESAID

PLAINT UNDER THE O-1 R-10 OF CPC

MOST RESPECTFULLY SHEWITH:

1. That the aforesaid matter is fixed for the hearing on


dated 26.09.2022 in the Hon’ble Court.

2. That The Plaintiff has filed the suit against the Dwarka
Court Bar Association, Dwarka Court against the seat
No. bbbbb.

3. That the Plaintiff has not arraigned the necessary party


in the aforesaid suit and for the Application under the
order 39 Rule 1 & 2 of CPC. The aforesaid seat No. 12
of the Hall No. 2 has been allotted to the Applicant
herein vide order dated 00.00.2022 of the Dwarka
Court Bar Association. The copy of the order dated
00.00.2022 of the Dwarka Court Bar Association is
annexed herewith and marked as the Annexure/A/1.

4. That The Applicant has already taken possession of


the aforesaid seat No. 00 of the Hall No. 2 after
depositing the security fees of Rs 9000/- in the Dwarka
Court Bar Association and hence the Application under
the order 39 rule 1 & 2 is not maintainable.

5. That so, in the interest of the justice, the Applicant be


impleaded as the necessary and proper party under
the order 1 rule 10 of the CPC otherwise great injustice
will perpetuate with the future of the Applicant and the
suit will suffer from the non-joinder of the necessary
parties.

6. That further in the interest of the justice, the


Application of the Plaintiff under order 39 rule 1 & 2
should be dismissed as the possession of the seat has
already been taken by the Applicant and the Plaintiff
has not come with the clean hand before the Hon’ble
Court.

7. That grave prejudices shall be caused to the Applicant


in case he is not impleaded in the present suit.

8. Hence in view of the facts and circumstances of the


case and in the interest of justice, the Application of
the Applicant should be allowed.
9. That the present application is made bonafide and in
the interest of justice.
PRAYER

It is therefore most respectfully prayed that this Hon’ble


Court may be pleased to:-

[a] implead the Applicant in the aforesaid suit in the


interest of justice, and;

[c] pass such further or other order or orders as to this


Hon’ble Court may deem fit and proper.

Applicant

THROUGH COUNSEL

Counsel
IN THE COURT OF SHRI ASHISH KUMAR MEENA, LD CIVIL
JUDGE-01 (SW)/DWARKA COURT

IN THE MATTER OF:

bbbbbbbbbbbbbb PLAINTIFF
VS
DWARKA COURT BAR ASSOCIATION RESPONDENT

CS NO. bbbbb/2022
NDOH : 26.00.2022

AFFIDAVIT

I, abc, aged about 55 years and Resident of cyz do


hereby swear this affidavit and declare as under

1. That I am the applicant in the above Application and as


such am well acquainted with the facts and circumstances
of the present case, hence competent to swear this
affidavit.

2. That the contents of application for impleadment from


para 1 to 9 are drafted by my counsel and based on legal
advice received from the counsel of the applicant which
the applicant believes to be true.

3. That I have read accompanying application for


impleadment and have understood the contents of the
same and the various averments made therein are true to
my knowledge. No part of it is false and nothing material
has been concealed there from.

4. That the Annexure filed herewith are true copies of their


respective originals.

DEPONENT

VERIFICATION:

Verified at New Delhi on this the day of September


2022. I, the abovenamed deponent, do hereby verify that the
contents of the above affidavit from para no. 1 to 9 are true and
correct. No part of it is false and nothing material has been
concealed therefrom.

DEPONENT

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