civil suit bombay high court
SSng Aulakh
(Querist) 10 January 2015
This query is : Resolved
A Counsel appearing on behalf of both the Defendants Nos.1 and 2 in a Suit, made oral submission before Court, i.e.
"an officer of Defendant No.2 will file an Affidavit Of Evidence and depose on behalf of Defendant No.1 also."
The submission is recorded by the Judge in court order.
Questions:
i. Can officer of one Defendant depose on behalf of other Defendant, without any written authority from the other ?
ii. If allowed, what can be future complication if decree is passed against other Defendant i.e. No.1.
Devajyoti Barman
(Expert) 10 January 2015
1.yes unless the defendant no.1 oppose this in writing.
2.Thed ecre would be binding against all the defendants.
Rajendra K Goyal
(Expert) 11 January 2015
1. Yes he can depose.
2. The full order has to be referred for effect.
Rajendra K Goyal
(Expert) 11 January 2015
1. Yes he can depose.
2. The full order has to be referred for effect.