ammendment in appeal
Sanjeev Dudhat
(Querist) 04 July 2011
This query is : Resolved
in a suit,(challanging appointment of defendant No. 4 to post by recruitment) an institute was made defendant No. 1 defendant No. 2 was Shri.xyz director of the institute and defendant No. 3 Mr. abc, registrar of the defendant No. 1 institute. The suit was dismissed.xyz and abc have changed to new persons handling those post of Director and Registrar.
Now appeal is to be filed. However the said director and Registrar are no more . new Director and new Registrar is there for the defendant No.1 institute.
The names xyz and abc have to be changed todya Nothing was and is against them in their personal capcity of xyz or abc but are made parties to suit as Director and Registrar of the institute. [I ought to have state Director of Institute Shri.xyz defendant No.1and Registrar of Institue Shri. _______. Defendant No.2]
to file appeal whether it would ok to replace the new names by stating Director of institute Mr. ______ of Defendant No.2 Registrar o institute Mr.___________
will this mean change in the parties and appeal dismissed on this ground
do I need to make any amendments in the suit. How do go about it.
prabhakar singh
(Expert) 04 July 2011
file appeal as it is , seek amendments only after sending 1st notice of appeal .
SACHIN AGARWAL
(Expert) 05 July 2011
File appeal mentioning the names as it were in Lower Court and then seek amendment.
Sanjeev Dudhat
(Querist) 09 July 2011
Thanks Adv. Prahakar Singh and Adv.Sachin Agarwal.
i will do accordingly.
with best regards
Sanjeev
