Pro - forma defendant
Guest
(Querist) 29 April 2017
This query is : Resolved
"A proforma defendant is a defendant against whom no relief is sought. He is arrayed as party only to avoid the defect of nonjoinder of parties."
This term I accept put by some experience adv. in this forum and also study and books.
Now my problem is that
1. Hon. Judge says "Pro forma defendant this term is not there you change it into defendant"
2. And I stick since relief is not claimed against person that person who does not join as plaintiff to avoid non joinder of parties it should be referred to as only Pro-forma defendant.
Any guidance in this regards
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Question
Now what should I do in plaint
1) Keep Pro-forma defendant as title of party as per my study
2) Change to defendant as per oral direction of Judge ?
Hemant Agarwal
(Expert) 30 April 2017
1. In a legal dispute, A "defendant" is a solid and static person.
2. A "proforma defendant" is a variable person and "ANY" person could be changed /added (instead of the actual person), which is not possible in law.
Keep Smiling .... Hemant Agarwal
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