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Apprentice (Associate)     18 January 2012

Specific performance - necessary party?

Hello everybody :)

We have a case for specific performance. 

Is a co-operative society (still following old bye-laws) a necessary party if the Plaintiffs have accused the Society of deliberately denying them permission to transfer property? Defendant has applied for NOC but Society has not issued NOC due to a fight between the Society and the Plaintiff. In these circumstances should the Society be made a necessary party?



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 6 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     18 January 2012

It depends as to what is the dispute about to make society a plantiff.

Kanaksinh P.Boda (Educationist/Lawyer)     18 January 2012

I stand corrected. Pls. read it as 'it depends as to what is the dispute/figt about between the scociety and the plantiff"

ajay sethi (lawyer)     18 January 2012

yes . society is formal , proper and necessary party to the suit

1 Like

(Guest)

yes it will, subjected to case to case and circumstances, further it is suggested to feel free to call/ contact asap to proceed further.

 

Manoj kumar,
Advocate,
Delhi.
Ph: 0931 044 3650

advocates.agra@gmail.com

niranjan (civil practice)     18 January 2012

If Coop.Society is tobe made party,then you have to give statutory notice,otherwise in absence of notice,the suit may fail.When there is dispute between the Coop.Society and the Member,the proper course is to avail remedies in the Coop.Societies Act and suit does not lie.

Apprentice (Associate)     18 January 2012

Thank you for your kind responses.

 

Apparently, the Plaintiff did not submit some forms. There there was fight about Plaintiff ( who is already a member in teh same society), trying to take control of the managing committee, so on and so forth.

In the end the NOC never got issued and the deal could not go through. Plaintiff sued for specific performance. As far as the Defendant is concerned, he applied for NOC. He cannot be held responsible of the Society later did not issue the NOC

So in light of the above, I think the Society should have been made a necessary party. Was thinking whether to have the case dismissed on account of non-joinder.

 


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