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Deletion of Defendent

(Querist) 04 December 2009 This query is : Resolved 
That in the case before me the plaitiff filed a suit against the my client and his brother of Recovery of amount which was due from the brother of my client

whereas my client has no relation with the business of his brother and resiing seperately from last 10 years

Whether I can delete the name of my client as a Defendent No. 2

Pls provide provision of CPC and case laws

Urgent
niranjan (Expert) 04 December 2009
It is only plaintiff who can delete the deft. but if you can plead and show by evidence that you were not party to the transaction under question,you may ask for compenmsatory cost for dragging your client to the court falsely. Or if by pleading of the pltff.no cause of action is shown against your client,you may file an application under o.7 rule ll for rejecting the suit against your client..
Raj Kumar Makkad (Expert) 04 December 2009
First of all file written statement on behalf of your client as defendant no. 2 and raise preliminary objection qua the cause of action against your client and then file a separate application under order 7 rule 11 of CPC seeking rejection of plaint against your client and this application shall be decided first so prove your case.
prakash vathore (Expert) 05 December 2009
u can take the plea that the suit is bad in law for misjoinder of party,
pawan sharma (Expert) 14 December 2009
you can file preliminary objection before the court under Order 1 Rule 9 and O 7 R 11
aman kumar (Expert) 20 October 2010
you may file an application under o.7 rule ll for rejecting the suit against your client


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