Dear all,
I filed a case against a firm as a partnership firm as the name suggested "XYZ and associates'.The suit is for recovery of money.The firm had paid some part of dues through cheques.The firm contended that they closed business at least 5 yrs back and never purchased anything forgetting that they have paid through cheques.they also contend that its a proprietory concerns and other defandants have got notrhing to do with dues.On scrutiny one of the cheques shows that the signatory has put a seal with propreitor affixed.The opposite lawyer has asked for dissmissal of suit for non joinder of neccessary party and misjoinder.the suit is brought in firms name.can plaint be amended and propreitor named joined.If not whats the remedy.All the defandants have posed as partners during deealings but its only on oral basis ,no cogent evidence is there.
