All defendants consent is required to submit the objection ?

Querist : Anonymous (Querist) 25 February 2022 This query is : Resolved
In a partition suit, there are 8 defendants.

For a given Plaintiff written statement and request for amendments -

1. Can only Defendant 3 can file objection without mentioning other defendants ?

2. Is it right to mention as "defendants already filed their written statements" by Defendant 3 alone in objection?

3. Does court considered this as all other defendants have agreed to what Defendant 3 is saying?

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kavksatyanarayana Online

(Expert) 25 February 2022
In any case, one of the defendants may file a counter himself and on behalf of other defendants if he is authorized to do so.

Advocate Bhartesh goyal (Expert) 26 February 2022
( 1 ) Yes,
( 2 ) Defendant no 3 can raise or mention any objections on behalf of other defendants if he has been properly authorized by other defendants to mention.
( 3 ) Yes, court can consider.

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