Amendment petition for written statement
Ashutosh Choubey
(Querist) 02 January 2014
This query is : Resolved
Dear All
There is a damage suit running against the defendant (chief editor) for publishing a defamatory item in the newspaper. The written statement was filed by the defendant and later on the he came to know about a judgment of High Court in another case in which the hon'ble High Court ruled that the Chief Editor is not liable for any news item because he is not directly involved in the selection of news for publication rather the resident editor is liable under section 7 of PRB Act.
My point is that whether a petition quoting the said judgment be filed before the trial court for exonerating the defendant from the charges on the ground of misjoinder of necessary party. Presently the case is at the stage of cross examination and the witnesses of petitioner has been cross examined.
Kindly provide your valuable suggestion and relevant provision of CPC.
Devajyoti Barman
(Expert) 02 January 2014
No, his name would not be deleted. He is a proper party if not necessary party.
ajay sethi
(Expert) 02 January 2014
contest case on merits . he is formal , proper and necessary party to suit
Rajendra K Goyal
(Expert) 02 January 2014
Defend the case and Let the matter be decided on merit.
R.K Nanda
(Expert) 02 January 2014
agree with experts.
Ashutosh Choubey
(Querist) 09 January 2014
I also agree with the experts but one thing that I want to know that whether petition on maintainability of the suit under order 7 rule 11 CPC can be filed if there is valid ground for the same.
