Respected Advocates,
Good evening!
I request you to answer the following query.
There are ten petitioners in a petition (IA) filed in a civil suit.
The advocate filed the petition without the knowledge of one of the petitioners.
The petitioner came to know about this petition recently and he wants to oppose the petition and pray for its dismissal.
Can the petitioner file a counter affidavit and pray for dismissal of the petition which was filed on behalf of ten petitioners?
If he withdraws from the petition, will the petition still survive on behalf of the other nine petiioners?
How was the advocate able to file the petition without the knowledge of the petitioner? Is it because he gave his vakalat to the advocate in the civil suit?
Can the petitioner file a counter affidavit to dismiss the petition? Is it allowed? Is there any other away?
The petition is Order 1 Rule 10 CPC to implead a few respondents as defendants in the civil suit. The petitioner wants to oppose it.
Kindly answer the above query.
Thank you very much, Advocates!
Krishna Kishore