Amendment of respondent's name
Balaji Bakthavathsal
(Querist) 26 March 2021
This query is : Resolved
Dear Learned Lawyers,
I would like to hear your valued views on the following matter.
In a civil suit, amendment to plaint to include the names of impleaded respondents, the plaintiff’s advocate is supposed to reflect the names of the respondents as per the order of the court on the I.A. However, the plaintiff’s advocate deliberately mentioned one of the respondent’s name incorrectly in order to drag the suit for some more time and unfortunately it went unnoticed by the impleaded respondents. Now he judgment/decree was in favour of the impleaded respondents reflecting one of the impleaded respondent’s name incorrectly. When it is proposed to correct the name, the plaintiff's advocate filed an IA to serve notice seeking the permission of all the19 respondents to drag the suit indefinitely. In my view it is totally unjustified as the duty of the advocate is to reflect the name as per the order of the honourable court on the IA and there is no need to seek the permission of the 19 respondents who are no way concerned. Please expedite your views whether the action of the advocate is right.
Thanks & Regards
SHIRISH PAWAR, 7738990900
(Expert) 26 March 2021
Hello,
Your query is not in clear words. For amending petition you have to state reason to the court and the court will order as per merits of your application.
Balaji Bakthavathsal
(Querist) 26 March 2021
Dear Shirish Pawar Sir,
A fraudulent petition filed before the sub-court seeking partition on fake & farudulent documents excluding the original owners,
When the original owners came to know about the suit on the property which is in ther possession & occupation, they filed an IA petition to implead them as respondents.
The honourable court allowed the implead petition allowing them to be included as respondents and issued order accordingly.
Therefore the plaintiff's counsel had to amend the plaint in order to incorporate the impleaded respondents.
While amending the plaint the plaintiff's advocate deliberately misquoted one of the impleaded respondent's name which went unnoticed.
The judgment / decree favoured the impleaded respondents and the judgment carried the incorrect name against one of the respondent.
To correct the same, the plaintiff's advocate filed an IA seeking permission to serve notice to all the respondents.
Have I made it clear Sir ?
ashok kumar singh
(Expert) 05 April 2021
Truly agreed with views of the earlier experts on your query, therefore no comments.
thanks
