Consumer forum; non joinder of parites

Querist : Anonymous (Querist) 16 February 2018 This query is : Resolved
I am a complainant requesting for relief from Def in Service by a Club (the club)
The club is managed by xxxx Pvt Ltd which is owned by yyyy Ltd
I applied for membership to the club and received membership from the Manager of the club along with the Bye Laws.
In my complaint I had made the Manager as OP

The Bye Laws , right in the beginning states :

Quote

The manager will be over all in charge of the Club

Unquote

For the notice the xxxx Pvt Ltd responded as OP . In his Affidavit , he has contended that the complaint is liable to be dismissed for Non Joinder of necessary parties.

Is he , legally , justified in doing so ? Is the contention sustainable ? Please clarify

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Ms.Usha Kapoor (Expert) 17 February 2018
No! The over all in charge Manager of Private Ltd company is one of the necessary party. You also join the owner(name)Of the yyyy Pvt Ltd company as opposite party. Then your plaint will not be rejected by the court on the ground of non joinder of necessary parties.

R.Ramachandran (Expert) 17 February 2018
The contention that the complaint is liable to be dismissed for non-joinder of necessary party(ies) is legally sustainable. Better take appropriate corrective action to include all the necessary parties.

Dr J C Vashista (Expert) 18 February 2018
If you are seeking "some" obligation from experts on this platform you will have to disclose your identity as per rules, no reply for "anonymous" author. Otherwise, consult a local lawyer.

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