Firstly, you have to check the relevant Cooperative Societies Act which is applicable in your state (Bihar) as to whether there is a special procedure laid down in that Act for such matters or the provisions of the Civil Procedure Code (CPC) are applicable.
If the provisions of CPC are applicable in your case, then please note that Order 1 Rule 9 of the CPC lays down that no suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it; however, if the non-joinder is of a necessary party then this rule may not apply, i.e., in the case of non-joinder of a necessary party, the suit may be defeated.
Further, Rule 13 of Order 1 says that all objections to the non-joinder should be taken at the earliest possible opportunity, except where the ground of objection has arisen subsequently.
Moreover, Order 1 Rule 10 empowers the Court, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order addition of the name of a party as defendant who ought to have been joined as defendant or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. If a party is so added as a defendant, the plaint shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant.
Further, a combined reading of this Rule (i.e., Order 1 Rule 10) and Section 21 of the Limitation Act, 1963, shows that where after the institution of a suit, a new defendant is added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party; however, where the court is satisfied that the omission to include the new defendant was due to a mistake made in good faith it may direct that the suit as regards such (new) defendant shall be deemed to have been instituted on any earlier date.
So, this is the law on the issues raised by you. You can consult your local lawyer on the application of the law to the peculiar facts of your case. As per our Forum guidelines, on this Forum, we are not supposed to go into detailed facts of an individual case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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