Remanded matter

shivraj (Querist) 25 August 2009 This query is : Resolved
The matter has been remanded if any defendant in the original suit is not a necessary party at all then on this stage can we ask to delete him? What is the procedure if we want to delete him from the suit when it is remanded?

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vinjamuri ranga babu (Expert) 25 August 2009
hi,
your question is not clear any how you can file application u/o xv of cpc.
vr

Bhumik Dave (Expert) 25 August 2009
Plz gv full detail

Adinath@Avinash Patil (Expert) 26 August 2009
Dear Shivraj'
C.P.C o 1 R 10[2] is clear for your query.
The court may at any stage of proceedings,either upon or without the application of eithr party,and on such terms as may appear to court to be just,order that the name of any party improperly joined,whether as pllf.or deft.be struck out,and that the name of any person ,who ought to have been joined,whether as pllf.or deft.or whose presence before court may be neccesary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involve in the suit,be added.

Sarvesh Kumar Sharma Advocate (Expert) 26 August 2009
mr.adinath ji, very much clear about yr query.

Kiran Kumar (Expert) 26 August 2009
Mr. Patil is correct.

the ordinary procedure will follow, the remand of case will not have any special bearing on ur case.

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