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R Trivedi (advocate.dma@gmail.com)     02 October 2012

Change in cause title

In one of the cases to come up for consideration, the complaint was filed by an employee under some authority letter of proprietor. After years this employee left the company and could not come for cross examination as well, now some other employee has come up with a fresh GPA and filed an application that he should be permitted to prosecute further and also in his application he has requested for deletion of earlier employee name in cause title and to amend with his name in cause title. In the original witness list onlly the earlier employee was named as witness, this new employee name was not mentioned.  The question of law is:

 

1. What is the value of earlier employee affidavit, as based on that cognizance was taken, and he is not available for cross. There was no other witness except Banks.

 

2. Can the belated dated GPA to new employee make him depose for complainant proprietor.

 

3. Can there be change in cause title as sought.

 

 

 

 

 

 

 

 

 



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 1 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     02 October 2012

It is a trichy question of law and fact. But if the complaint is filed in the name of firm new person can come.as dully authorised person.

Here again section 60 of evidence act will be attracted that the person who knows the facts personally can only depose and not any other.


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