• Necessary party not joined as a plaintiff no.2

There are two agreement purchasers in a sale agreement. only one  party/ agreement buyer filed for compulsory registration joining the second agreement purchaser as a defendent and not as a plaintiff.
Lower court has not gone into this pointed/sighted lacuna sighted in trial.
Can it be appealed in high court even as the trial continuesthrough c.r.p

Jyotikumar kolla
Asked 2 years ago in Property Law from HYDRABAD, Andhra Pradesh
Religion: Hindu
1) what are the pleadings in suit regarding second agreement purchaser? 

2) there must be reasons given as to why he has been joined as defendant in the suit 

3) it may be that second purchaser has refused to file suit against other defendants as desired by plaintiff 

4) hence he has been added as defendant 

5) let the trial conclude . HC will not intervene when trial has already started in the suit 

6) all these issues can be decided by trial court 

Ajay Sethi
Advocate, Mumbai
45456 Answers
2669 Consultations

5.0 on 5.0

1) you dont need citations 

2) check averments made in plaint by Plaintiff 
Ajay Sethi
Advocate, Mumbai
45456 Answers
2669 Consultations

5.0 on 5.0

Hi, Plaintiff is the dominoes litus in the suit, it is his discretion who has to made party in the suit, suppose if the party is the necessary party then you can file a detailed written statement and contest the case on merits.

2. Ultimately court has to decide who has necessary party in the suit. 
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

In the agreement for sale if there are two buyers and one is not willing to join the other buyer to fight the legal battle, there is nothing wrong in the plaintiff impleading the second buyer as a defendant.
The second buyer is a necessary party to the suit though there wont be any relief claimed against him.
Therefore in my opinion there is no lacuna in this suit that need to be addressed.
However without seeing the case paper/plaint, no concrete opinion in furtherance can be rendered.
T Kalaiselvan
Advocate, Vellore
35621 Answers
386 Consultations

5.0 on 5.0

Why should a party who was a buyer in another agreement be joined as a plaintiff? It does not make any legal sense to join him as plaintiff. You are free to move the HC through CRP but there is no logic in your plea.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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