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Addition/removal of petitioners name from a case
20-Jul-2023 (In Civil Law)
ir/mam, i would like to know from you that how the name of petitioners can be added in a current case or few names removed, in our case, our main petitioner has threatened to remove our name.Can we file a new case in the same matter. Thanks and Regards Sumedh Gawande
Addition or Deletion of Parties can be done through an application under Order 1 Rule X of the Civil Procedure Code.
However, one party cannot remove another party unless he shows the Court that the party that he wishes to remove is not a necessary party, and that his presence would not affect the proceedings. Moreover, you need not file another case in the same matter, and you cannot, as that will lead to multiplication of proceedings, which is not allowed in India. However, you can just move an application in Court, whenever the petitioner moves his application, and a Reply to the petitioner's application stating how you are a necessary party and that the proceedings will not go ahead in the Court without you being a party to the matter.
However, one party cannot remove another party unless he shows the Court that the party that he wishes to remove is not a necessary party, and that his presence would not affect the proceedings. Moreover, you need not file another case in the same matter, and you cannot, as that will lead to multiplication of proceedings, which is not allowed in India. However, you can just move an application in Court, whenever the petitioner moves his application, and a Reply to the petitioner's application stating how you are a necessary party and that the proceedings will not go ahead in the Court without you being a party to the matter.
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you don't need to be worry civil law give rights to every person, your right cannot be taken away unless it is unused by you if you properly contest. you can engage a separate lawyer who contest the case on your behalf then you dont need to depend on other petitioner for your case contact me as soon as possible
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Adv. Sunny Arora
Delhi | 25+ Answers
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ir/mam, i would like to know from you that how the name of petitioners can be added in a current case or few names removed, in our case, our main petitioner has threatened to remove our name.Can we file a new case in the same matter. Thanks and Regards Sumedh Gawande.
you are required to tell me in which court your case is pending. by filing an application for delition or taking on record the new party, the same may be done.
you are required to tell me in which court your case is pending. by filing an application for delition or taking on record the new party, the same may be done.
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Adv. Tashriq Ahmad
Delhi | 25+ Answers
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The addition or deletion can be done where you are or you are not a necessary party to a case as per Order 1 Rule 10 CPC names can be added and deleted ,but as you say that you want to seperate your names in the same pursuing case therefore an application can be moved in the competent court through your seperate lawyer and a seperate vakaltnama can be moved to secure your own rights and you can contest since you were in array of parties.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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