Order 22 rule 3 lrs application
NAGARAJ
(Querist) 01 December 2018
This query is : Resolved
Mr.x filed a partition suit in his birth name tejkumar in 2008 and after changing the counsel in 2016 amendment aplication filed to add the alias name as rajkumar it was allowed .amended plaint added as tekumar alias rajkumar.and decesed plaintif ln his all records mentiond as rajkumar .and now he was dead 22 r 3 filed intime defendants now arguing that u r not filing the suit proper name and u r the wrong legal heirs. ..but legal heirs records father name mentiond as rajkumar oly.....in this circumstanses what kind of steps i can take.tq for ur reply sir
KISHAN DUTT KALASKAR
(Expert) 01 December 2018
Dear Sir,
You need not bother the Court will take its own decision and if order under Order 23 Rule 3 CPC is against you then you may approach the Higher Court.
Please mark “LIKE” if satisfied by my answer.
NAGARAJ
(Querist) 01 December 2018
No sir....My question is once amendment carried out by adding alias names later stage whether defence counsel object the lrs application as wel as alias name
Dr J C Vashista
(Expert) 02 December 2018
The application u/o 1 Rule 10 has been allowed and amendment plaint is taken on record, there remained nothing to reagitate.
However, at the most you may require to prove that Rajkumar and Tekumar are one and the same person, otherwise the issue can not be re-opened.
Kumar Doab
(Expert) 02 December 2018
You can benefit fro the post of Vashistaji.
You seem to have many issues and going on.
It shall be appropriate to engage and discuss in person with your very able LOCAL counsel.
