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VRK (business)     11 April 2024

In appeal, can change defendants and plaint?

Sir/Madam, My friend filed a petition with district court ten years back, say his land was grabbed by illegal occupants. Recently court judgement out, his petition was dismissed, court say they were not grabbed the any land, those have legal documents, has clear title. Actually his lawyer confused, not studied the case properly, all defendants not occupied illegal way, only one illegal way came into land, his lawyer not exposed clearly about his illegality with the court. My friend is trying file appeal with high court, in this stage can change remove defendants? only make one defendant, who is occupied illegally? and can add another new defendant, local tahasildar? who was given title without verifying defendant submitted documents, given title? 


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

Your contention is not maintainable neither the proposed appeal may be disposed in his favour.

Instead you can inform him to file a fresh suit.

It is common to blame the advocate when the case is lost.

What made him not to be aware of this fact for the whole ten years period of litigation.

1 Like

Dr. J C Vashista (Advocate )     12 April 2024

Defendant(s) in original suit shall become respondent(s) in appeal case, who cannot be changed without prior permission of appellete court (after filing / admission of appeal)

Let your friend may show the case file to some local prudent lawyer for proper analyses of facts and professional advise.

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