Possible to appear in original suit during the trial
gopal
(Querist) 22 October 2016
This query is : Resolved
Respected Sirs,
My father's younger Brother filed a case against one person E.Subramanian and he has added my father is also a 3rd Respondent.
Initially my father was not appeared on the case.
Now the case came to the stage of trial.
Now
Is it possible my father can appear and join in the same case as party in person?
In this trial stage if my father wants to appear and join in the case, what he has to do? What petition he has to file before the Judge?
In the trial state is it possible to join the respondent? whether the law allows that?
Sir kindly guide us
Thanks and regards
nandagopal
Rajendra K Goyal
(Expert) 22 October 2016
He can join.
Discuss in detail with local lawyer.
Devajyoti Barman
(Expert) 22 October 2016
Appearance in a suit is not an absolute right even if he is made a party if at the right moment the party was sleeping.
In your case I am sure the court has proceeded with the trial after fixing ex parte hearing against your father.
If that is so then your father will have to first vacate order of ex parte hearing, file his pleading to contest the case.
Considering the advanced stage of the suit I find little prospect of allowing your father to appear in the suit anymore.
Rajendra K Goyal
(Expert) 23 October 2016
You father should try to join proceedings, court would decide on merits.
