Disposed suit amendment, party amendment
Divya
(Querist) 06 November 2016
This query is : Resolved
Respected Experts
A money decree suit filed in October 2012 has been disposed exparte in August 2014. The plaintiff claimed ownership of some material in thr suit.
Fact was that some 50% material was in reality owned by another party 'b'. Name of this other party was not mentioned in the suit and the original plaintiff claimed 100% advantage in suit.
Some compromise happened between original plaintiff and other party 'b' where plaintiff said he will give 50% rights in the suit and decree.
1. Can a suit be reopened and plaintiff be increased from one to two under Order 1 rule 10. Sub rule 1.
2. Can amendment be done to put across true facts to the court of the role of other party 'b'.
3. Can the decree in the sole name of original plaintiff be amended to reflect jointly in the name of original plaintiff and other party 'b'.
Thankyou
Devajyoti Barman
(Expert) 06 November 2016
1. No ,once decree is passed and in basence of appeal which has attained finality it can not be reopened anymore.
2.If decree is passed then it is no more possible at all.
3. No, it is an impossible task.
I am not sure who has advised this type of weird idea which has absolutely no basis in law at all.
Divya
(Querist) 06 November 2016
Sir
What about the other party "b". that party material was claimed by the original plaintiff as his material.
Can the other party be a victim of the fraud played by the original plaintiff. Can the suit be re-stored or re-opened before court for some reason to tell court of right facts.
Fraud on the court, vitiates everything. Is any way possible
Rajendra K Goyal
(Expert) 07 November 2016
In the given facts agree with the expert Devajyoti Barman.
