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Jafer   26 December 2016

Beina a plaintiff can i implead individuals of same society

i am a plaintiff for an injunction suit., i have file an injunction suit against a society... now i want to implead its president and secretary individually by their names, in the same suit as i fear they might resign from membership of society thus the injunction suit against society might not be applicable upon them... thus i want to ensure their names appear individually in the injunction suit if granted so that they cannot play with any loop holes... my case is at argument stage waiting for 1st argument date... is it possible to implede them as individuals along side of society as a whole... any provisions please guide me. tks.



Learning

 2 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     26 December 2016

Dear Jafer,

You are at liberty to make president and secretary as parties in personal capacity as defendants by filing a petition for amendment of plaint and I.As., however you are required to satify the court if they were not made parties in the suit in individual capacity, then there will be great injustice to the case.

 

advocate praveen (prop.)     27 December 2016

Dear Jafar,

You have to think that your grivance with whom either society or Presidetn/Sec..  If you want personally implead them what is the locus to file injuction suit against society or vice versa.

It is for your kind information that any society can only be represent by the President or Sec., if they will resign from the post may be next one will be the person who will contest the matter.

regard

 


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