Inclusion of respondents in the appeal petition

Balaji Bakthavathsal (Querist) 30 May 2016 This query is : Resolved
Dear Learned Lawyers,
I filed a civil suit in the lower court along with five others against 6 defendants. The lower court gave an exparte decree in our favour. Now, of the 6 defendants, one of the defendant who is at No. 4 and a power agent filed an appeal in the sub-court against the decree awarded in the lower court including the five other defendants of the original suit as respondents in the appeal petition. As a layman, I understand that the appeal can be filed by any of the respondent against the plaintiff/s of the original suit. Is it right on the part of the appeal petitioner to include the respondents of the original petition as respondents in the appeal petition ? Please clarify.

Follow Query

Report Abuse

T. Kalaiselvan, Advocate (Expert) 04 June 2016
There is no legal infirmity in the appeal filed by one of the respondents by impleading the other defendants as respondents in the appeal.
It is his grievance for which he is seeking remedy before the court agaisnt the judgement which has deprived him of the privilege he enjoyed.
He has to bring all the parties to the suit in the appeal and since the other parties are not sailing with him, he chose to put them as respondents as necessary parties to the appeal though he has no specific relief sought agaisnt them in the appeal.
Your advocate could have explained you the legal position on this had you approached him/her.