Macp

Querist : Anonymous (Querist) 07 December 2011 This query is : Resolved
The petitioner got injured by a Grovel lifting machine. The previous advocate filed a case against the driver as Opponent No. 1 and the owner as Opp. No. 2. It so happened that the Master had taken the machine on hire from the owner.

The new advocate has got the summons served on the Master of the Driver who was not joined as a party, but on the information of the address given by the injured he acted. The injured gave the said address because he know the Master only who had taken him to the hospital, but he did not know the real owner.
Now the situation is that the recent advocate will have to join the Master and request the court to issue the summons on the owner at his new address. By mistake the summon was hand delivered to the Master of the driver who was not the owner of the offending vehicle.
Expert may give their view on this ticklish problem that has arisen out of mistake of identity.

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ajay sethi (Expert) 07 December 2011
you will have to amend the plaint to add master as formal . proper and necessary party to the suit . take out necessary application for adding master as party .

Raj Kumar Makkad (Expert) 07 December 2011
Petition can be got amended at any stage when the information of the true owner of the offending vehicle has been obtained and once amendment takes place, the notice shall be sent at the address given in the petition.