Legal Question in Civil Litigation in India
In a suit for specific performance between A (claimant) and B (landowner), B files Written Statement stating that he has made plots and sold the plots to C, D, E, F,G and H. A makes them party Defendants. Defendant H files WS and states that he has sold his plot to Z. In the Cross examination of A, A admits that he has no claim over the plot purchased by Z. Therefore, Z files application under Order I Rule 10(2) to delete him (Z) as well as H. However, order is passed only to delete Z. Final Judgment states that the Sale Deed under which H purchased the Plot from A is cancelled. Now B (landowner) filed Appeal and made A, C to H as Respondents. H should have filed separate appeal but not filed. Now out of limitation. What remedy is available to H? Can H file similar application under Order II Rule 10(2) to drop him based on the previous order?
1 Answer from Attorneys
no academic questions please
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