Legal Question in Civil Rights Law in India
proforma defendant
Can there be a valid objection, if Drawing and Disbursing Officer is made proforma defendant since he has undertaken to deduct in EMIs out of the salaries of the principal debtors and their sureties who are working in his office. No relief is prayed for in the suit against the proforma defendant.
3 Answers from Attorneys
Re: proforma defendant
you can make the officer a performa party.
Re: proforma defendant
I agree with the above opinion.
Re: proforma defendant
It all depends upon the role and function of D&D Officer assigned to him either by his office or by your agreement, if any, with your employer. If you have made your employer department as a defendant in the suit, it really does not matter whether you make D&D Officer of your employer as a defendant, particularly when no relief is claimed by you in suit against said officer. If your purpose if to confront said officer in court, you can do so at the stage of evidence.
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