Principal & agent

Uday Kumar (Querist) 28 January 2014 This query is : Resolved
Dear Sir,

In a suit plaintiff has made defendant 1 to the Principal and Defendant no 2 to the Agent

But once principal has been sued (made party to the suit) then adding Agent as well, is not required.

Can Court remove/delete the Agent(Defendant No 2) by allowing Application of Order 1 Rule 10 CPC

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Devajyoti Barman (Expert) 28 January 2014
The agent is here 'proper party' if not 'necessary party'.
He is unlikely to be deleted though there is no harm to give a try.

R.K Nanda (Expert) 28 January 2014
if presence of def.no.2 is necessary for the decision of case then court will not allow
order 1 R 10 CPC application.

Advocate. Arunagiri (Expert) 28 January 2014
If the cause of action is against Principal only, the agent need not be a party. If the agent is involved int he transaction, then the Agent is the necessary party to the suit.

Rajendra K Goyal (Expert) 29 January 2014
There is no harm in giving a try.

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