Execution against "proforma defendant"

Querist : Anonymous (Querist) 19 December 2011 This query is : Resolved
Whether a "Proforma Defendant" bonded by decree for possession? (if he did not raise the plea that, "no relief claim against him", in suit).

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Devajyoti Barman (Expert) 19 December 2011
Proforma defendant is surely bound by the terms of the decree.
All the parties are bound by the decree unless the same is set aside by the higher court.

Naresh Kudal (Expert) 19 December 2011
Yes, all defendants are bound by terms of the decree.

Sailesh Kumar Shah (Expert) 19 December 2011
yes, bounded also on proforma defendant.

Nadeem Qureshi (Expert) 19 December 2011
I also agree with experts

Raj Kumar Makkad (Expert) 19 December 2011
The interest of the plaintiff/petitioner and the performa defendant/respondent remain the same that is why he is kept in the column of the performa defendant. There is no need to plead by him that 'no relief claimed against him'. Relief cannot be claimed against him so there is no need to write so.

Decree is binding for all parties to the decree.

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