Hi, friends,
What is the procedure in a civil suit when one of the plaintiff out of the two, abodons his 50% of the claim before settlement of issues, who have engaged one lawyer?
V.V.RAMDAS (Advocate) 21 September 2009
Hi, friends,
What is the procedure in a civil suit when one of the plaintiff out of the two, abodons his 50% of the claim before settlement of issues, who have engaged one lawyer?
adv. rajeev ( rajoo ) (practicing advocate) 22 September 2009
Dear VVR Sir,
He has to file a memo before the court.
Y V Vishweshwar Rao (Advocate ) 22 September 2009
The same shall be submitted before the Court by filing a Memo and the Suit proceedings be restricted to the extent ofother 50 % of other Plaintff , and if there is any inconvenience with the said Plaintiff , he may be transposed as Defendant .
Sachin Bhatia (Advocate) 22 September 2009
Suit proceedings shall be restricted by filing a memo before the court.
V.V.RAMDAS (Advocate) 01 October 2009
Dear friends,
Answer to my question is Order 23 Rule 1 (5) C.P.C - it is stated therein that "Nothing in this rule be deemed to authorise the Court to pemit one of several plaintiffs to abandon a suit or part of a claim under sub-rule(1),or to withdraw, under sub-rule (3), sny duit or part of a claim,. without thecionsent of the other plaintiffs".
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