Mis joinder/ nonjoinder of necessary parties in evition suit Mis joinder/ nonjoinder of necessary parties in evition suit

1 year ago

We have filed eviction case for bonafide necessity against our tenant in individual capacity. The tenant is claiming that shop is taken on rent by partner of firm and not as individual partner , so all partners of the firm and partnership firm itself are necessary parties so the case must be dismissed.
Please give your advice will it result in dismissal of suit??

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
It depends upon the rent agreement and parties in the rent agreement. If it discloses partnership firm then it is better to add partnership firm and all its partners as parties to the petition by way of impleading petition.
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