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Saji varghese (manager)     11 December 2009

Amendment in Plaint

Dear all,

I filed a case against a firm as a partnership firm as the name suggested "XYZ and associates'.The suit is for recovery of money.The firm had paid some part of dues through cheques.The firm contended that they closed business at least 5 yrs back and never purchased anything  forgetting that they have paid through cheques.they also contend that its a proprietory concerns and other defandants have got notrhing to do with dues.On scrutiny one of the cheques shows that the signatory has put a seal with propreitor affixed.The opposite lawyer has asked for dissmissal of suit for non joinder of neccessary party and misjoinder.the suit is brought in firms name.can plaint be amended and propreitor named joined.If not whats the remedy.All the defandants have posed as partners during deealings but its only on oral basis ,no cogent evidence  is there.



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 4 Replies

Arvind Singh Chauhan (advocate)     11 December 2009

At first ,according to Ordre 1 Rule 9, No suit shall be defeated due to misjoinder or nonjoinder of parties. You can amend the plaint if it is n necessary in the interest of justice.

Daksh (Student)     11 December 2009

Dear Saji Verghese,

Please  file an amended plaint along with application u order 6 rule 17 CPC stating that in view of the submission of the other side's counsel it has become necessary to amend the plaint.  Along with that you may file application u order 1 rule 10 impleading the proprietor in the array of parties.  You have a right to choose or forgo against whom you want to file and persue your case.

Best regards

Daksh

k.kumar raja (advocate)     12 December 2009

mr.daksh is correct.

Saji varghese (manager)     14 December 2009

Dear All,

Thanks for your replies .its been great help.Thanks again to all.


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