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VIKAS GARG (LAWYER)     17 February 2009


could u tell me what is performa defendant?


 15 Replies

PALNITKAR V.V. (Lawyer)     17 February 2009

I think you mean proforma defendant. In my opinion one who is formal defendant [not a necessary party] is called a proforma defendant.

Ajay kumar singh (Advocate)     17 February 2009

A proforma defendant is a defendant against whome no relief is sought. He is arrayed as party only to avoid the defect of non-joinder of parties.

Sushil Kumar Bhatia (Advocate)     17 February 2009


    Proforma defendant means one of the plaintiffs who has joint interest in plaintiff's claim but he was not joined as plaintiff in a suit.

v d buchia (advocate)     22 February 2009

 proforma defendant is a defendant who is a proper party but not a necessary party against whom no rleif is claimed but if claimed consequently will cease to be a proforma defendant

Y V Vishweshwar Rao (Advocate )     29 March 2009

A party who is put on the side of the Defednant with out any relief  against him or with  similar rights as that of the Plaintff , and for any reasons  who is not co-operatign with the Plaitnff for the suit  releif  and necessary party and  his  reply  to the claim of the plaintff is required fro adjudication ,  though the plaintff is not seekign any releif agaisnt him . This Proforam Defendant Nature will be varrying form case to case dependign on each case  fats and righs involved there in

Prabhat Kumar (Advocate)     30 March 2009

A performa defendant is a defendant against whom no effective relief is claimed but is a necessary party as required by law.

A.Mohamed Thaheer (ADVOCATE)     13 April 2009

well understood

sanjay singh thakur (advocate)     13 April 2009

I agree with all the above to the point reply.

Manish Kumar (General Counsel and Company Secretary)     07 March 2013

Can a  proforma defendant join subsequently as plaintiff with the others plaintiff in an appeal in case the plaintiffs were not granted relief by the Court of Original Jurisdiction.

Narendra Malik (advocate)     02 October 2013

No. You can go through citation:  Punjab-Haryana High Court Gita Ram Kalsi vs S. Prithvi Singh And Ors. on 20 May, 1955 Equivalent citations: AIR 1956 P H 129

binay (advocate)     04 October 2013

i agree with mr.ajay kumar singh, he is fully right

Paromita Chatterjee   18 March 2016

There is one case where defendant and plentiffs stays in a same house and defendant illegally modified his part or say his part of house. So plentiffs files a complain against defendent. In this case our name is in the list of proforma defendents. What does it mean? We are with the plentiffs or the defendant side? In this case what is the meaning or role of a proforma defendents? In the legal notice in has been written that plentiffs vs defendent and proforma defendents. Please reply as soon as possible. Its urgent!!

Paromita Chatterjee   18 March 2016

We are the inherited owner of that house..

sneha jaiswal   15 April 2021

Hello, Greetings of the day!

A 'pro forma' defendant is joined as a party in a suit because his presence is necessary in order to enable the Court spectrally and completely to adjudicate upon the matters in controversy between the parties.


Hope it helps


Sneha Jaiswal

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