Petition for replacement of an improper defendant with a proper one
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Bostandyk District Court of Almaty to the Judge .......................
The plaintiff: ....................... Almaty, mdr. ......................,
43, kv17, IIN: ...................... Phone: ......................
THE PETITION
about replacing an improper defendant
On July 25, 2018, to the Bostandyk District Court ...................... A lawsuit has been filed against the Commission under the Akimat of Almaty for the legalization of property (except money) in the Bostandyk district of Almaty for the restoration of housing rights. When preparing the case for trial, it was established that the defendant was not an appropriate one, since the Commission under the Akimat of Almaty for the legalization of property (except money) in the Bostandyk district of Almaty was not a legal entity.
It was also established that the appropriate defendant would be the Akimat of Almaty, located at 4 Republic Square, Almaty. According to art.50 of the CPC RK, replacement of the defendant is allowed before the start of consideration of the case on the merits in the court of first instance. The court, having established that the claim was brought against the wrong person who should not be responsible for the claim, may, at the request of the plaintiff, allow the replacement of the improper defendant with the proper one. After the replacement of an improper defendant, the preparation of the case and its consideration at the court session are carried out from the very beginning. The term of consideration of the case is calculated from the date of completion of the preparation of the case for trial. Based on the above and in accordance with art. 50 of the CPC RK,
Petition for replacement of an improper defendant with a proper one
ask:
1. Replace the improper defendant – the Commission under the Akimat of Almaty for the legalization of property (except money) in the Bostandyk district of Almaty with the proper one: Akimat of Almaty, located at 4 Republic Square, Almaty.
The plaintiff ....................... 13.08.20__ G.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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