Legal Question in Credit and Debt Law in India

Civil Suit undert ord 38 & 39 of C.P.C

Hello Law Gurus,

Help needed to understand my stand on a Civil suit filed by an compnay against my previous company. Please have a look and tell, whether I can be an IRRELEVANT PARTIE for the case.

I was working there as salaried emplyee till 31December 2008 Team Leader in software application development). Interior (Putting cable, internet wires,tables & chairs) work was going on there and as a favor I used to inspect the work for some time till the company hired full time Admin person for the role.

Now issue is that in Feb 2009 Architect company filed a case for non payment undert ord 38 Rule (1) & (5) and order 39 of C.P.C. It includes my name too with company directors & Admin person.

Previous company recently sent the notice copy to me and asked to sign a vakalatnama and send the copy to the company appointed Laywer.

I do not trust my previous company people .

I am fully terrified with this as I should not be dragged in the case. Should I go with my own lawyer to claim for IRRELEVANT PARTIE for the case?

What is best thing to do ?

Please ...please advice me

Thanks a lot !!!


Asked on 5/29/09, 11:38 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Civil Suit undert ord 38 & 39 of C.P.C

You may consider filing an application in the court under Order 1 Rule 10 of Civil Procedure Code seeking deletion of your name from the array of parties, if the plaintiff has not claimed any relief against you; and if you are found to be 'not a ncessary party' to the suit.

It may be better to meet a lawyer with a copy of the plaint received by you alongwith court summons.

Read more
Answered on 5/29/09, 11:44 am
KAMAL GROVER

Re: Civil Suit undert ord 38 & 39 of C.P.C

Hire your own lawyer mentioning there that you are only employee and not director or else.

For further assistance plz contact at

adv.kamal.grover.gmail.com

We deal cases in the courts all over India.

M: 09814110005

Regional office Chandigarh

We strive for your rights.

Good Luck.

Read more
Answered on 5/30/09, 3:13 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in India