query regarding suit
Rohit Suresh Gangawane
(Querist) 20 May 2010
This query is : Resolved
Dear Seniors
The facts of the case are
A, is the proposed housing society through it’s 13 members have purchased the land. The proposed housing society had entrusted the development rights of the said land in favour of B, who is the partnership firm and accordingly executed the necessary Development Agreement and Power of Attorney in favour of firm. There are four partners in a firm. Partnership is at will. All are working partners. Partnership is still in force.
Recently one partner C, without consent of other partners had colluded and joined the hands with owners and executed the Deed of Cancellation with proposed housing society through it’s 13 members (the owners).
Now I want to file the suit for following reliefs
1. Declaring the said Cancellation Deed as illegal and void.
2. Declaring the said Development Agreement in force.
3. Specific performance of said Development Agreement.
4. Injunction.
If above facts are sufficient. Then now, the issue is that although the suit is required to be filed by rest all 3 the partners for above reliefs against the owners proposed society and partner C. However one of the partners among rest 3 is not supporting the litigation. Now i would like to ask a query
1. What is the rule as to interse partner’s litigation and litigation of firm with outsider when one of the partners is not supporting the litigation?
2. Can 2 partners on behalf of firm file a suit against 4th partner (here partner C) and one of the partners among rest 3 is not joined as the plaintiff?
3. Partnership Deed says, if any dispute arising out of this deed shall be resolved by the Arbitrator. Can it preclude us from filing the suit?
4. Can proposed society be joined as the defendant?
Please Guide.
Regards
Rohit Gangawane
Advocate
Rohit Suresh Gangawane
(Querist) 25 May 2010
Dear Seniors
I had put the query. The same may please be solved and guide me.
Regards
Rohit Gangawane
Advocate
