Regarding the decree of lower court
Adv M.D.Azhar
(Querist) 25 November 2012
This query is : Resolved
sir,plaintiff fild a suit against the defendant for temperory injunction in which plaintiff filed suit against 6 defendants amongs the six dedendant one was insant and same was declared and deleted as party from the suit, Court paassed the order below ex. 5 in the favour of defendant than after the plaintiff move to the appellate authority and the file an appeal before the court and the limitation was lapsed therefore they filed a delay condonation application before the court, the defendant advocate raised a arguments that defendant no. 6 already deleted as aparty so he should be deleted from the present application and then proceed. But the appellant's advocate submitted before the court that if the defendant no. 6 is isant so they have to prove and the lower court which has passed the order below ex. 5 has also written the name of the defendant in the order of ex.5 therfore whole oder becomes void is it so? please reply
ajay sethi
(Expert) 25 November 2012
you have stated that suit was filed against 6 defendants . as one defendant is insane his name was deleted as a party . subseqently court decreed suit . an appeal has been filed against the impugned order . it is necessary to go through the impugned order passed by trial court to advise . in any case if trial court has passedorder aginst the defendant whose name has been struck off then impugned order would be set aside
Devajyoti Barman
(Expert) 25 November 2012
All the parties will have to be added in the appeal who were there in the suit.
If any body is left out then he has to be made party. If any body has died in the meantime then his legal heirs would have to be substituted.
