Citation needed in a matter of non joinder of parties
Ravikant Soni
(Querist) 28 December 2012
This query is : Resolved
The rent note was executed by tenant in his capacity of partner of a registered partnership firm.
"I 'A' son of 'B' residing at'place' partner of firm 'SX SY'.....
Suit for ejectment filed by landlord and he impleaded 'A' as defendant in his individual capacity, not as a partner of the firm. And even the partnership firm is not arrayed in defendant category.
I am from defendant side.
I need citations that suit is bad for want of non-joinder and mis-joinder of necessary parties.
R.K Nanda
(Expert) 29 December 2012
search indiankanoon.com for citations.
Raj Kumar Makkad
(Expert) 30 December 2012
Visit the following link for the satisfaction of your query:
http://www.indiankanoon.org/doc/60182095/
Ravikant Soni
(Querist) 03 January 2013
Thanks Makkad sir,
I thought My query is resolved when it was answered by Mr. RK Nanda sir and nothing remained to add more.
Well your linked citation is helping for me but not fit case resembling to my case. i need it for a case between landlord and tenant.
Thanks for you efforts.
Raj Kumar Makkad
(Expert) 03 January 2013
Mr. soni! You know it takes a lot of time to read and resemble exact citation for a particular case and the lawyer directly dealing with the case remains in the fit position to decide appropriate for him. I had tried and can again if you say so within my limited time otherwise it shall be good to make some more labour at your end.
Raj Kumar Makkad
(Expert) 04 June 2014
Visit the following link tough the same is not based upon the relationship of tenant and landlord but even then the issue of non-joinder and misjoindr has been described in detai by Hon'ble Supreme Court of India:
http://www.indiankanoon.org/doc/1244346/
Satya nand aggarwal
(Expert) 04 June 2014
See the below citation
2010(2) Apex Court Judgements-Page-531
ACJ-2011-3-001.