Where defendant added, plaint to be amended. of CPC : Where defendant added, plaint to be amended.

CPC

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Explanation using Example

Example 1:

Scenario: Ramesh files a lawsuit against Suresh for breach of contract in a civil court in Mumbai. During the proceedings, Ramesh realizes that another party, Mahesh, is also responsible for the breach and should be added as a defendant.

Application of the Act:

  1. Adding Mahesh as a Defendant: Ramesh requests the court to add Mahesh as a defendant in the case.
  2. Amending the Plaint: The court agrees and directs Ramesh to amend the plaint to include Mahesh's details and allegations against him.
  3. Serving Amended Documents: Ramesh amends the plaint and serves the amended copies of the summons and the plaint to Mahesh. The court may also direct that the amended documents be served on Suresh (the original defendant).
  4. Proceedings Against Mahesh: According to the act, the legal proceedings against Mahesh are considered to have started only when he is served with the summons.

Example 2:

Scenario: Priya files a property dispute case against her neighbor, Anil, in a civil court in Delhi. During the trial, it is discovered that Anil's brother, Sunil, also has a significant interest in the disputed property and sho...

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