Consumer court

Querist : Anonymous (Querist) 02 September 2023 This query is : Resolved
Can a pro forma party be converted to necessary party as per changing facts and circumstances of case. This is consumer court case where necessary party is placing blame.on pro.forma party now...I need to change them.to necessary party to seek relief.

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In consumer court cases, a pro forma party is typically included when no specific relief is sought against them, often to avoid non-joinder issues. However, the discussion explores whether a pro forma party can be converted to a necessary party if the case facts evolve. The advice suggests observing the court's decision and responding only if a notice is issued, rather than proactively changing the party's status.

T. Kalaiselvan, Advocate (Expert) 03 September 2023
You have filed the complaint and have duly impleaded the other party also whether you have any relief prayed against him or not.
You cannot dance to the tunes of other agitating opposite party, you remain silent and watch the developments.
Let the court decide, if you are given a notice you can raise your objections accordingly

Advocate Bhartesh goyal (Expert) 03 September 2023
A pro-forma party is a party against whom no relief is sought, he is arraying as party only to avoid the defect of non- joinder of parties so later on he can't be arrayed as necessary party.

kavksatyanarayana (Expert) 03 September 2023
A pro forma party to a litigation is one against whom no relief is sought in a legal proceeding (at its beginning) on the posit that he is a proper party. It is usually done with a view to seeking relief in future, amending the pleading, if the changed situation so warrants.

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