A Civil Suit is filed by a plaintiff in which he names 5 defendants, of which 1 & 2 are government departments and defendants no 3 to 5 are private individuals.
The proceedings drag on for nearly 3 years in which the plaintiff is able to avail more than 30 opportunities to lead evidence.
After the evidence of plaintiff, evidence of defendant no 1 & 2 is concluded.
Due to some mistake on part of reader, the evidence against defendant no 3 to 5 comes to written as closed. The defendant no 3 to 5 immediately file an application for granting one opportunity to adduce evidence, which is vehemently opposed by the plaintiff. This application for granting one opportunity is still pending.
Simultaneously In light a some facts which had come to the knowledge of defendants no 3 to 5, they file an application under Order VII Rule 11 for rejection of plaint and the plaintiff is instructed to file a reply. (Plaint is bound to be rejected due to statutory bar under partnership act as plaintiff is an unregistered firm).
But on next date, the advocate of the plaintiff makes a statement in court that the plaintiff is dropping defendant no 3 to 5.
As the applications for grating opportunity to give evidence and another application for rejection of suit which are both filed by the defendant no 3 to 5 are still pending in the court and the matter is at such late stage with nearly 3 years having passed, can the plaintiff be allowed to drop defendants?? what remedy do the defendant no 3 to 5 have at their disposal??
Any reply will be greatly appreciated.
