Proforma defendent

kajal (Querist) 14 February 2012 This query is : Resolved
In a civil case during the pendency of a suit If the plaintiff wants any one of the defendent to transpose as proferma defendent what the plaintiff should do.kindly mention the relevent section and order. In case the case is a compensation-claim case under workman compensation act whether the claimant ask for transposition of one of the defendent as proforma defendent?

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venkatesh Rao (Expert) 14 February 2012
There is no provision for transposition of defendant as proforma defendant. Transpose means change the position of. It means that a plaintiff can be transposed as defendant and the defendant as plaintiff inter se. If you have no relief against a defendant, all you can do is to give him up by filing a memo. If he is a necessary and proper party yet you dont have any relief against him, just mention in the plaint this fact. It would suffice.

Guest (Expert) 14 February 2012
See the Order 1 Rule 9 of the CPC 1908.
Read this
http://www.lawyersclubindia.com/forum/Civil-procedure-code-1908-order-1-rule-10-2-9-48696.asp

http://indiankanoon.org/doc/32358/