jatin sachdeva 08 November 2017

Urgent

A father filed a suit on his son claiming that he had forged him and get a transfer of the house in his name.the suit is pending in the lower court and father is expired.After expiry of the father daughter has moved an application u/o 22 rule 4 to bring LR's on record and to made him party.As per lr application moved into the court the son is now both plaintiff and defendant.Can he object the same on this ground or as an LR or can daughter amend this to remove his name from lr application.Please reply its urgent

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7 Replies

Vijay Raj Mahajan (Advocate) 08 November 2017

When son is already the defendent in a suit how can he be made LR of the father/plaintiff. By inclusion of his name as LR the daughter of the father/plaintiff made mistake in her application which should be amended otherwise the suit should be dismissed by the court on the ground of non prosecution after the death of the plaintiff.

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Siddharth Srivastava (Advocate) 08 November 2017

Yes, son should file necessary application u/o.1 Rule 10 CPC for deletion of his name from era of plaintiffs.

(Guest)

Academic query to test commonsense of law students, but still, it seems, the querist wants 100% spoon feeding to find answer to his school exercise.

jatin sachdeva 27 November 2017

Thank you very much sir

jatin sachdeva 27 November 2017

jigyasu legal analyst ji

can you please provide a judgement over this commonsense as our matter is pending in a civil court against a well reputed councel on this issue. It will be really helpful.

(Guest)

Such situation is called as misjoinder of parties, which can be corrected by amending the plaint. No need to provide any judgment on the point. It is provided in CPC.

jatin sachdeva 05 December 2017

Originally posted by : Vijay Raj Mahajan
	When son is already the defendent in a suit how can he be made LR of the father/plaintiff. By inclusion of his name as LR the daughter of the father/plaintiff made mistake in her application which should be amended otherwise the suit should be dismissed by the court on the ground of non prosecution after the death of the plaintiff.

Dear Sir,

The ACJM has allowed the application u/o 22 rule 4 in it's present form means plaintiff and defendant now is the same person.Sir will you please refer a case law on similar issue as i want to file an appeal against this order to allow this application in it's present form.It will be really helpful

thanks in advance