Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Pradeepkumar (Retired Bank Manager)     16 January 2023

Can one of the respondents in a suit be removed from the array by the plaintiff

I have a suit against the Devaswom Board and  the Temple Advsory Commitee is also included as one respondent. The suit is on our property, which the Devaswom Board claims as theirs and allow the Temple Advisory Board to act freely on this property. The Temple Advisory Committee is only a proxy acting on behalf of the Devaswom Board. Now there is definite proof that the property rightly belongs to us. The suit is now 7 years old. The Temple Advisory Board is only delaying the legal procedures. Can I request the Hon court to remove the Temple Advisory Committee from the array of defendants since they are only acting on behalf of the Devaswom Board and they have no ownership on the property. The suit is a subject matter between me and the Devaswom Board on rights and titles of the schedule property. What should I do to remove the Temple Advisory Committee from the array of respondents/defendants.


 5 Replies

aayush kuchhal   16 January 2023

You can try by filing an application before the concerned Court under Order I Rule 10(2) CPC.

Pradeepkumar (Retired Bank Manager)     16 January 2023

Thank you for the prompt reply.

Alpa Jogi (Advocate) (Lawyer / Advocate)     17 January 2023

You can file an application under Order 1 Rule 10(2) of the CPC. But, based on my experience and what you have mentioned, I see very little chance that your application will be in your favour. But still you can try by making proper representations. There is no harm in trying.


Alpa Jogi (Advocate)

Civil Advocate in Ahmedabad


Sudhir Kumar, Advocate (Advocate)     19 January 2023

You can discharge any respondent.

Pradeepkumar (Retired Bank Manager)     19 January 2023

Thank you Sirs.

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