Hormuz Maloo (na) 29 July 2010
A preliminary decree was passed. Thereafter some additional defendants were added to the suit.
Will it be compulsory to conduct the trial once more, with the new defendants giving evidence, being cross-examined etc, or can the court pass the final decree based on the written statements filed by the new defendants and arguments thereto.
Will appreciate if somebody can point out some rule/law or some legal precedent regarding this.
Thanks....
adv. rajeev ( rajoo ) (practicing advocate) 29 July 2010
who are these additional defendants? Are they connected to the present defednants it is not clear in your question, so detail information is necessary to answer your question.
Mugundhan (Lawyer) 29 July 2010
if additional defendants are added additional written statement has to be filed, additional issues will be framed by the court and additional evidence if necessary has to be adduced.
Raghav Sood (Lawyer) 24 August 2010
it has to be de novo trial but mystical thing is that what is the status of additional defendants does they have purchased share of other defendants or they were having an interest in the suit properties query is not clear
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