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N.K.Assumi (Advocate)     23 July 2012

Is there a concept of pro forma plaintiff?

My client has been impleaded as a pro forma Plaintiff by the Plaintiff, though we have no claim or quarrel against the Defendants. I only know of pro forma defendant but not as pro forma Plaintiff? Can some one please explain pro forma Plaintiff?



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 July 2012

When a person is joined merely as a nominal or formal party, just as we say 'formal defendant' or pro forma deft., becoz the suit should not be bad for non-joinder of necessary party but who actually has no interest in the result of the litigation so he is formally joined as a deft.

Impleading someone as a pro forma plaintiff is when he is technically a necessary party but no relief is claimed in favour of that plaintiff. But actually if that person refuses to sign the plaint he can be impleded as a defendant.

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N.K.Assumi (Advocate)     23 July 2012

We have not signed the plaint or the vakalat, as we have nothing to do with the Defendant. But we have been impleaded only as pro forma plaintiff. Thanks Archana for the responds.


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