Whether the opposite counsel can be treated as a party to the suit

D. Jayakumar (Querist) 31 March 2014 This query is : Resolved
Dear Sirs/Madam,

My father filed a suit against me as a power agent to my brother based on a Alleged Koorchit. But, the case was filed in the capacity of my Father (who is the kartha of our HUF) and not in the capacity of my brother. My brother is residing at UK for more than 13 years. I appointed counsel for my side and my counsel did not point to the court what I prefer to say to the court. Hence, I wrote a complaint to the High court judge and also requested him to give me some information. But, I was not given any information rather I was directed by the district judge to post my query in the concern court. Further as a Party Appearing in Person I filed and I.A /2014 in the main suit regarding my complaints. Since my brother who is suppose to be the Plaintiff did not appeared before the court to prove that he is the plaintiff to the suit. Hence, I marked the three persons as the opposite parties in the I.A /2014. 1) My father, 2) My Brother & 3) The Counsel for 1 & 2. My claim was that the counsel did not follow the Advocate Act and he cannot continue the suit until he produce the plaintiff before the court and proves his case. My I.A /2014 was returned for two reasons. I replied for the queries and resubmitted in the court. While I was attending another suit as party in person. The judge questioned me about the I.A /2014 and got angry againt me stating that I cannot make the opposite counsel as a party to the suit and shouted in the open court that my petition is rejected. Then I sent a Notice u/s 80 of the CPC to the Judge to explain me about the inquiry made by him about a case while trial is going on in another suit.

Please tell me whether my proceedings are correct? What I have to proceed next?

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ajay sethi (Expert) 31 March 2014
judge is absolutely correct . how can you make advocate appearing on behalf of opposite parties party to the suit . your application has been rightly rejected .

you cannot issue notice to Judge under section 80 CPC . you are un necessarily antagonising the court . better engage A LOCAL LAWYER TO FIGHT YOUR CASE

Advocate. Arunagiri (Expert) 31 March 2014
I fully agree with Mr.Ajay. Sending a notice to a Judge may bounce back on you. Take the advise of an advocate immediately.