• 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 11 months 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
23100 Answers
1212 Consultations
5.0 on 5.0
1) you dont need citations 

2) check averments made in plaint by Plaintiff 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 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
4104 Answers
133 Consultations
4.3 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
13910 Answers
127 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
18055 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2715 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0