1/10cpc

Querist : Anonymous (Querist) 17 June 2011 This query is : Resolved
a defendant against whom ex parte proceedings order have been passed and his defence have also been struck out, can he file an application under 1/10 cpc for deletion his name from the list of defendants on the same facts which he had already placed on record earlier in the reply of the main petition?

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PALNITKAR V.V. (Expert) 17 June 2011
Defendant may file application to delete his name at any stage. But there should be enough reasons for his deletion.

Querist : Anonymous (Querist) 17 June 2011
can reasons been taken as defence against the main petition be read at the time of 1/10 especially when his defence is struck out?

PALNITKAR V.V. (Expert) 18 June 2011
Contents of the application can not be treated at par with WS. But the reasons mentioned in the application will be considered for decision thereon.

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