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Changing the name of plaintiff in ws filed by the defendant

(Querist) 02 November 2013 This query is : Resolved 
Respected Experts, I had asked about changing the name of plaintiff in a WS filed by the defendants ? What action can be taken against the defendant for altering the name of plaintiff in his Ws cause title without leave of the court ? Is it attracts order 1 rule 10(2) of cpc ? possibility of filing rejoinder by the plaintiff in this connection. Are there any rulings with regard to altering the the name of plaintiff in his ws is not permissible ?
Devajyoti Barman (Expert) 02 November 2013
File petition to delete the name of the persons who were not mentioned in cause title of the plaint.
You have to apply for deletion of his name as decree passed against a person who is a not proper party in suit would become nullity.
Rajendra K Goyal (Expert) 02 November 2013
Agree, nothing more to add.


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