Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RAO   19 June 2018

Non-joinder of all necessary parties in recovery suit

I worked in a company as Accounts Manager and left the company without good terms. One of the my duty in my previous job  is to verify the cash vouchers of  factory and authorizing the same. The cash vouchers will be prepared by the cashier at factory and signed by the cashier as well as the factory in-charge.  These cash vouchers will be sent to my office every day from the factory which is  20 KM away.  My previous employer filed a false civil case on me for recovery of money stating that I have misused the cash at factory by creating fake bills.    Surprisingly he has not made the cashier and factory in-charge as a party in the recovery suit.  Now the suit is pending for filing my written statement. I understand that the suit is not maintainable for non-joinder of all necessary parties i.e. the cashier and factory in-charge. Now I request you to advise me whether to 

 
1. File a memo / IA preying the court to dismiss as the suit is not maintainable  for non-joinder of all necessary parties. or
2.File a detailed  written statement and in the same written statement mention that the suit is not maintainable for  non-joinder of all necessary parties.
 
Also advise pros and cons in both the scenarios .
 


Learning

 1 Replies

R.Ramachandran (Advocate)     20 June 2018

Adopt point No.2 mentioned by you.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register