All defendants consent is required to submit the objection ?

Querist : Anonymous (Querist) 25 February 2022 This query is : Resolved
In a partition suit, there are 8 defendants.

For a given Plaintiff written statement and request for amendments -

1. Can only Defendant 3 can file objection without mentioning other defendants ?

2. Is it right to mention as "defendants already filed their written statements" by Defendant 3 alone in objection?

3. Does court considered this as all other defendants have agreed to what Defendant 3 is saying?

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Quick Summary

In a partition suit with multiple defendants, this discussion clarifies whether a single defendant can file an objection without the explicit consent of all others. It explains that while one defendant can raise objections, they must be properly authorised by the other defendants to act on their behalf. The court may consider such an objection as agreement from the other defendants if authorization is proven.

kavksatyanarayana (Expert) 25 February 2022
In any case, one of the defendants may file a counter himself and on behalf of other defendants if he is authorized to do so.

Advocate Bhartesh goyal (Expert) 26 February 2022
( 1 ) Yes,
( 2 ) Defendant no 3 can raise or mention any objections on behalf of other defendants if he has been properly authorized by other defendants to mention.
( 3 ) Yes, court can consider.

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