বাস্তবায়ন অ্যাপ্লিকেশন

বাস্তবায়ন অ্যাপ্লিকেশন: এটা কি

An Impleadment Application asks a civil court to add a person as a party to a case that is already pending. It explains why that person is a necessary party and why the dispute cannot be fully decided without them. The court can add a party at any stage if the reasons are made out.

আপনার যখন এই নথির প্রয়োজন হবে

• A co-owner or co-sharer of the property in dispute has been left out of a partition or title suit.
• Property in dispute has been sold to a third person during the case and that buyer should be bound by the result.
• You are not a party but the decree in a pending suit will directly affect your rights in the property.
• The plaintiff has sued the wrong entity or missed a person who actually holds the rights or liabilities in question.

এটি কী কভার করে

• The name of the court and the case number of the pending proceeding.
• The applicant's name.
• The name of the person to be added and the grounds showing they are a necessary party.
• A statement that without that person the suit cannot be effectively and completely adjudicated.
• A prayer under Order I Rule 10 of the Code of Civil Procedure asking that the person be impleaded.

কিভাবে এটি পূরণ করবেন, স্বাক্ষর করবেন এবং ব্যবহার করবেন

1. 1Collect the case details and identify exactly how the proposed party's rights or liabilities are tied to the relief claimed.
2. 2Fill in the form on this page with specific grounds, such as ownership, purchase, inheritance or possession, rather than general statements.
3. 3Have an advocate review it before filing, since the court will refuse impleadment if the person is neither a necessary nor a proper party, and adding a defendant late can raise limitation issues for the claim against them.
4. 4Prepare a supporting affidavit and an amended memo of parties showing where the new party will appear.
5. 5Sign and file the application in the pending case and serve copies on all existing parties.
6. 6If the court allows it, file the amended plaint or memo within the time given and ensure summons is served on the newly added party. Keep certified copies of the order.

সংযুক্ত করার বা সঙ্গে রাখার জন্য নথি

• Affidavit supporting the facts stated in the application.
• Proposed amended memo of parties.
• Documents showing the new party's link to the subject matter, such as a sale deed, will, partition record or revenue entry.
• Copy of the plaint or the last order in the case, if the court requires it.

এর পেছনের আইন

Order I Rule 10 of the Code of Civil Procedure, 1908 lets a court, at any stage and either on application or on its own, add any person who ought to have been joined, or whose presence is needed to decide all the questions in the suit effectively and completely. Courts distinguish a necessary party, without whom no effective decree can be passed, from a proper party, whose presence helps the court decide. A third person must show a direct legal interest. Under the Limitation Act, 1963, the suit against a newly added defendant is usually treated as filed on the date they are added.

এড়ানোর জন্য সাধারণ ভুল

• Showing only a commercial or indirect interest in the outcome, which courts usually hold is not enough to be added.
• Delaying the application until the case is near final hearing, which invites refusal or costs.
• Confusing impleadment with substitution of legal heirs after a party dies, which follows a separate procedure with its own time limits.
• Not filing the amended memo of parties or not taking steps to serve the new party after the application is allowed.

বাস্তবায়ন অ্যাপ্লিকেশন: প্রায়শই জিজ্ঞাসিত প্রশ্ন