Joinder of parties
DEVENDRA
(Querist) 11 December 2009
This query is : Resolved
In one matter, public trust is made defendent. As trust is not legal entity, it is necessary to add all trustees in the suit. Whether one can amend the suit and add all trustees as defendents ? whether limitation act will be applicable for amendment ? the suit was filed 3 years back. The suit is still not at hearing stage.
Raj Kumar Makkad
(Expert) 11 December 2009
Definitely law of limitation shall coem in the way but delay condone application can also be moved in such matter.
joyce
(Expert) 11 December 2009
Public trust is a defendant in ur case,The managing director of the trust by his representation can participate in the suit.All other trustees can give thier spl POA as to the contest of case on their behalf.The limitation act does not matters as allready the case is filed with the limitaion period. Amendment can be seeked at any stage of the case before the judgment is passed, before the issues are framed.
Devajyoti Barman
(Expert) 12 December 2009
Public trust can rightly be represented by the Managing Trustee only or in its absence any of the trustees. There is absolutely no necessity to add all the trustees. The law of limitation has no application in matters relating to addition of parties unless it relates to a already time barred claim against the particular party sought to be added.
adv. rajeev ( rajoo )
(Expert) 12 December 2009
Trust is represented by Managing Trustee u need not make all the members of the trust as parties to the suit. If you want make them a parties then file an application u/o 1 rule 10 of CPC. No question of limitation
N.K.Assumi
(Expert) 12 December 2009
Joyce and Barman have correctlty stated the statesman of Law.
niranjan
(Expert) 12 December 2009
All the trustees are reuired tobe joined,however by resolution of the board,md can contest the suit.Since additing the trustees do not change nature of suit,they can be added at any time.There is no question of limitation nor condonation.
Khaleel Ahmed Mohammed
(Expert) 18 December 2009
Need not necessary to implead all the trustees.Suit against managing trustee is sufficient.If all the memebers of the trust are the necessary parties to the suit,you can ammend the suit by filing ammendment petition in this regard.The law of limitation does not apply in your case, as the cases already pending.
