Non joinder - mis joinder

deven (Querist) 04 February 2016 This query is : Resolved
in a summary suit, i am for one of the defendant i.e. one partner of the partnership firm. The plaintiff has not made the partnership firm as a party to the summary suit. is the summons for judgment is liable to be dismissed ?

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Devajyoti Barman (Expert) 04 February 2016
File petition for rejection of plaint. If the firm is not made a party then suit would ultimately fail.

Rajendra K Goyal (Expert) 04 February 2016
Prey for rejection of the plaint.

Raj Kumar Makkad (Expert) 06 February 2016
It depends upon the facts and the relief sought in the plaint itself. Firm is not mandatory party in all cases. It may be necessary which shall be treated an error and it can be got cured with the permission of the court but the suit cannot be got dismissed solely on that ground.

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