Petition filed without knowledge of petitioner

The petitioner can withdraw the vakalatnama given to his advocate and can withdraw from the case itself if he decides so or can file a memo that the petition was filed without his knowledge hence he would like to withdraw insofar as his role alone. 

instead the petitioner can transpose himself as defendant and fight the case as defendant against the plaintiffs if the plaintiffs are not cooperating

How can an advocate file a suit without knowledge, consent and/or permission of the party as stated by you? Unbelievable statement.

Whether it a civil suit or "some" petition ?

Concept of "counter-claim" is some what opposite your perception wherein the defendant (but not plaintiff) can institute a counter claim against the plaintiff.

The plaintiff (if it is a suit) can oppose and move appropriate application, through his /her counsel.

Why did the plaintiff not implead all defendant(s) at the time of institution of suit and what are the circumstances to move application under order I Rule 10 CPC?

Facts visa-vis query is not clear.

Respected Advocates, 

Thank you very much for your replies. 

The civil suit was filed with my knowledge. But the petition (IA) under Order 1 Rule 10 CPC was filed without my knowledge. I gave my vakalat to the advocate. Probably it enabl;es him to file any appropriate petition on my behalf and on behalf of other plaintiffs. 

It is unfortunate that he did not inform me before filing the petition under Order 1 Rule 10 CPC.  

I came to know only now, few months later, that a petition was filed. 

I wish to continue as plaintiff in the suit. 

I am one of the ten petitioners in the IA under Order 1 Rule 10 CPC.  The prayer in the IA is to implead two respondernts in the IA as defendants in the suit. 

As suggested by you, I will withdraw the vakalat and file a memo that the petition was filed without my knowledge. 

Sir, is there any rule that more defendants cannot be added, if any plaintiff opposes it? 

Thank you very much for all your help. 

Regards,

Krishna Kishore

Yes, the court can reject an application under Order 1 Rule 10 of the Civil Procedure Code (CPC) if one of the plaintiffs objects to it

But please note that the court has discretion to add a party to a suit, even without an application, if the court finds it necessary for a complete adjudication of the matter. 

As you are 1 of 10 plaintiffs what stopped you from impleading each and every person at the threshhold ?

Why do you want to implead some more defendant(s) ?

Whether either of them is a proper and necessary party for adjudication of the suit ?

The application has to be filed duly supported by an affidavit, how it is possible to file the application u/o I Rule 10 CPC without knowledge of concerned party ?

Prima facie it is not a real but fabricated problem.

Respected Advocates, 

Thank you very much for your kind replies. 

To Mr. T. Kalaiselvan, Advocate. 

Sir, thank you very much for confirming that defendants cannot be added against the wishes of a plaintiff. Thank you again for all your responses in the past too. 

To Dr. J C Vashista

Sir, I did not file the IA under Order 1 Rule 10 CPC. The petition was filed without my knowledge. 

I do not wish to implead any more defendants. In fact, I want to oppose their impleadment. 

I did not sign the affidavit. Is it necessary for all the ten petitioners to sign the affidavit? The advocate has our vakalat. Will that enable him to file a petition on our behalf? This was my query in my previous posts too. 

It is a real problem in a real civil suit in a real court. If you think it is fabricated, it is unfortunate. 

Thank you for all your posts, sir!

your advocate must have filed the petition under order 1 rule 10 on behalf of all the plaintiffs, but he might have obtained signature from one plaintiff alone.  However there is no legal infirmity by this act.

However in my previous post I had explained about certain provisions of law in this regard, you may take a decision accordingly.

Your lawyer is acting on your behalf/ authority / vakalatnama.

If you have lost faith in him / her replace him / her immediately.

S/he cannot act in this manner as stated by you wherein you (and/or any other plaintiff) do not want to implead "someone" whereas your lawyer has moved application u/o I Rule 10 CPC without your consent, permission and supporting affidavit signed by himself / herself or someone of the plaintiff(s).

Respected Advocates, 

Thank you for all your valuable suggestions. I will follow them. 

From your replies in this forum and others too, there is some clarity on the issue of filing petition without knowledge of petitioner. In an IA, there are two parts, (1) petition and (2) affidavit. 

(1) In the petition, it is enough if the Advocate alone signs. The petitioners need not sign in the petition.

(2) In the affidavit, it is enough if only one petitioner signs. The Advocate signs on behalf of the other petitioners. It is called COMMON AFFIDAVIT. 

Though it is a legally valid procedure, some petitioners like me are affected by this procedure. We do not know what exactly is happening in the suit. When we know it, it is very late. The lesson to be learnt is, we should not leave everything to the Advocate, and it is our responsibility to find out what is happening in the case from time to time. 

As suggested by you, I will withdraw the vakalat given to my Advocate, and I will also file a memo that the petition was filed without my knowledge. 

Today when I asked one Advocate whether I can file a COUNTER AFFIDAVIT against the petition, even though I am one of the petitioners, he said, YES. After getting further confirmation, I will file a COUNTER AFFIDAVIT against the petition. 

Thank you very very much to all of you for giving insightful replies and sharing your valuable knowledge!

Regards,

Krishna Kishore