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Clarification on who is defendant and plaintiff
01-Aug-2023 (In Family Law)
My father died last year. He had two wives. The first wife died, and later he married the second wife. From both wives, he has one son. So, he has two sons. Tahsildar refused to give the legal heir certificate and asked to approach the court. Now my question is, my brother has approached a lawyer to file a petition in this regard. In that petition, Tahsildar and District Collector were made as defendants. He has also made me as a defendant. Is that correct? I should be a plaintiff, right? Please clarify
You can either be a plaintiff or a defendant. Court will grant judgement based on available documents and evidence deposed in court. It’s called declaration suit. If you want your can be a plaintiff or be a defendant. But you should appoint a lawyer vigilantly and establish that you are also a son. Otherwise there is a chance the plaintiff will get judgment declaring him only as legal heir. Follow the case personally through your lawyer. Don’t believe anybody.
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Adv. Gokulakrishnan A
Chennai | 100+ Answers
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What is the full form of PNR in court?
PNR is a Passenger Record. Its an electronic record that has a unique locator number. The record may include one or more names of passengers and Segments.
What is the meaning of CC number in court?
The CC number is the criminal complaint number, i.e. the case number that has been assigned to a criminal charge sheet or complaint. The court registry or investigating agency usually assigns the CC number. It is used for identifying the case during its court proceedings.
What is the full form of MC in court?
In India, MC stands for mutual consent. However, court locations are not determined by mutual consent. They are instead determined according to the Code of Civil Procedure.
The party should be a plaintiff and not a defendant.
The below provision may help:
Rule 10 Order I of Code of Civil Procedure, 1908
10.Suit in name of wrong plaintiff— (1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted thought a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just.
(2) Court may strike out or add parties.—The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name, of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.
The below provision may help:
Rule 10 Order I of Code of Civil Procedure, 1908
10.Suit in name of wrong plaintiff— (1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted thought a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just.
(2) Court may strike out or add parties.—The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name, of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.
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Adv. Maithili Shaan Katari Libby
Chennai | 25+ Answers
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Hello Sir,
If you could've consulted your brothers Advocate he would've cleared your doubts easily. It's a normal practice to put one of the legal heirs as Defendant in legal Heir Suit. Ensure the prayer in the petition filed by your brother is such that he wants the Court to declare both of you as Legal Heirs.
If you could've consulted your brothers Advocate he would've cleared your doubts easily. It's a normal practice to put one of the legal heirs as Defendant in legal Heir Suit. Ensure the prayer in the petition filed by your brother is such that he wants the Court to declare both of you as Legal Heirs.
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Adv. M. Dheenadhayalan
Coimbatore | 100+ Answers
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Hi,
In your case all sons are legitimate child only. Yes correct Defendant D1 Collector D2 Tahsildar D3 Son. (First wife). Second wife children are plaintiff Or D3 Son (second wife). First wife children are plaintiff.
this is common rule.
A plaintiff is the party who initiates a lawsuit (also known as an action) before a court.
The party against whom the complaint is made is the defendant.
In your case all sons are legitimate child only. Yes correct Defendant D1 Collector D2 Tahsildar D3 Son. (First wife). Second wife children are plaintiff Or D3 Son (second wife). First wife children are plaintiff.
this is common rule.
A plaintiff is the party who initiates a lawsuit (also known as an action) before a court.
The party against whom the complaint is made is the defendant.
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Adv. Deva AS Gibsons
Chennai | 100+ Answers
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