This is an old society registered under old bye-laws. Not adopted model bye-laws.
As per Agreement the Plaintiff was to make payment within 60 days of Society issuing NOC.
Defendant immediately applied for NOC.
Thereafter there were serious problems between society managing committee and plaintiff.
Society did not issue NOC so deal could not proceed.
Plaintiff files a case against the Defendant for specific performance.
Defendant applied for NOC again. More problems between Plaintiff and Society - plaintiff refused to submit certain documents required for NOC and requested by society. Society did not issue NOC.
Plaintiff in Affidavit in lieu of examination in chief now falsely alleging that there was collusion between defendant and society.
Questions:
Shouldn't the society have been made a party to the suit? Can case be dismissed for non-joinder of necessary parties?
Anything else that can help the defendant's case? The delay was no caused by the defendant. Deal did not proceed due the plaintiff's fight with society.
Thank you.
