Impleading application
Anoop Deshpande
(Querist) 05 June 2011
This query is : Resolved
It is a suit for recovery against the company. Company is not made a party. Only its directors made party. There is no any agreement regarding alleged loan. Defendants have taken contention that, the suit is bad for non-joinder of necessary party, ie., company. Specific issue has also been framed regarding non-joinder of necessary party. The plaintiff filed IA to implead the company as defendant when the case is posted for arguments. In the affidavit plaintiff says like this: "The defendants have arguing that the company has not been made party though the company is represented by its directors. With abundant precaution I am filing this application to implead the company as proposed defendant" My quarry is:
1. The affidavit filed by the plaintiff along with application to implead, clearly shows that, the plaintiff is not convinced that the company is necessary party. When he himself is not convinced that the company is a necessary party, whether such application can be allowed?
2. When the specific issue relating the non-joinder of necessary parties, application which nullifies the issue can be entertained?
PLEASE GIVE YOUR VALUABLE OPINION WITH CITATIONS, IF ANY.
prabhakar singh
(Expert) 05 June 2011
SUCH OBJECTIONS ARE MATTERS OF PROCEDURE AND NEVER GO TO VERY ROOT OF THE CASE.THE APPLICATION WILL BE ALLOWED AS IT IS MADE TO CURE AN OBJECTION OF NON-JOINDER UNLESS ON THE DATE OF AMENDMENT THE CAUSE OF ACTION AGAINST THE COMPANY HAS BECOME TIME BARRED.
adv. rajeev ( rajoo )
(Expert) 05 June 2011
When there is a issue and when there is a contention taken by defendant that co., is necessary party, you can argue that defendant himself has taken a contention. Hence allow the application filed to implead the co., as party to the suit. It need not requires any rulings. It is better to implead co., as party.
sharad raghav - 9990549475
(Expert) 05 June 2011
as directors of a company deemed to be the mind of the company or a person responsible for every act of the company so it might not be necessary to implead company, specifically as a party , more over directors are not sued for their personal character or capacity but for their official capacity even though to avoid procedural hurdle better you implead company.as far as the matter of consideration of such application is depends on court's discretion.bcoz "procedural law is the hand maid and not the mistress of justice or judicial process"-by justice Iyer.
prabhakar singh
(Expert) 05 June 2011
Sorry! it is quite confusing on the part of duo m/sRajiv n Raghav.A co. is a juristic person,a legal entity and no suit against it can proceed and no effective decree can be passed in absence of co.
PALNITKAR V.V.
(Expert) 07 June 2011
Any amendment that is necessary for complete and effective adjudication of a subject matter has to be allowed. Interest of justice plays pivotal role in such matters.If interest of justice requires that the amendment should be allowed, it has to be allowed.
