Changing the name of plaintiff in ws filed by the defendant
basavaraj shiromani
(Querist) 27 October 2013
This query is : Resolved
Narasaappa Martandappa Bhhosale along with 3 other plaintiffs filed a suit for Partition against B. The defendant denied the case of the plaintiff contending that the Plaintiff is not connected to his family and his name is Narasappa Bhimaraya Karahide. Even while filing his WS, the defendant mentioned the name of Narasappa Bhimaray Karahide instead of Narasappa Martandappa Bhosale as in the plaint.
Whether the defendant is permissible to file his WS by changing the cause title of the plaint in his WS ?
V R SHROFF
(Expert) 27 October 2013
He cannot change title.
but he can file Application for mis joinder of parties, and raise objection for such name difference. Court will asl SAY + explanation from Plaintiffs.
Advocate Bhartesh goyal
(Expert) 27 October 2013
No,defendant can not make alteration in cause title though he can take objections in pleadings in this regard.
R.K Nanda
(Expert) 27 October 2013
he cannot do it in ws.
prabhakar singh
(Expert) 28 October 2013
Q!.Whether the defendant is permissible to file his WS by changing the cause title of the plaint in his WS ?
ANSWER IS NO!
ajay sethi
(Expert) 28 October 2013
agree with experts cause title cannot be changed in WS
Raj Kumar Makkad
(Expert) 29 October 2013
In such event, the written statement even can be denied by concerned court to be undertaken as it contains different title.
basavaraj shiromani
(Querist) 01 November 2013
Rajkumar Makkadjee and Prabhakar Singhjee are there any rulings in this regard ? Whether is court is empowered to change the name of the name of the plaintiff wrongly mentioned in the cause title of the WS instead of following the cause title of the plaint.Whether this can be done as per Order 1 Rule 10(2) of cpc ?
