Wife can be shown as a party(Plaintiff) or not?
BAALASUBRAMANNYAMM
(Querist) 27 May 2011
This query is : Resolved
Respected Experts,
Plz. give me your suggestion.
Wife and husband are having joint account in a Bank. Any one can sign on the Cheque. Wife has given some amount by way of Cheque to "X" as hand loan. When "X" committed default in repaying the said amount, husband had given a legal notice for demanding the said payment and later filed a recovery suit against him.
My doubt is, here husband has given the legal notice and filed the recovery suit, as in the capacity of Plaintiff. Wife has not shown as co-plaintiff in the said suit.
(1) Is it necessary to show the wife, who signed the Cheque, as a co-plaintiff?
(2) Is there any possibility to raise an objection by the defendant, that the suit is not maintainable for non joinder of necessary party?
PALNITKAR V.V.
(Expert) 27 May 2011
In fact wife has to be the main plaintiff as she has advanced loan. Merely because the account was joint, the husband does not get any right to recover loan. The transaction of loan is between the wife and X. Now she should be added as co plaintiff to avoid future complications. Of course I do not know what are the contents of the notice issued by husband. I presume that it is mentioned in the notice that the wife had given the loan through cheque.
Devajyoti Barman
(Expert) 27 May 2011
Yes, the wife is the necessary party of this suit and in his absence the suit may be dismissed on the ground of non joiner of necessary party.
Advocate Bhartesh goyal
(Expert) 28 May 2011
Yes, defandent will definitely raise the objection regarding non joinder of necessary party{wife} so implead wife as co plaintiff in suit.
BAALASUBRAMANNYAMM
(Querist) 28 May 2011
Respected Experts,
Thanks to all for giving your valuable opinion.
Guest
(Expert) 31 May 2011
You need to check who signed the cheque as the drawer. That fellow would not only have to issue the notice, but also as the main plaintiff. The other joint operator, may or may not be the party to the suit. It will however be better, if the other joint operator becomes the co-plaintiff to the suit.
