Gen sec filed a case and resigned. How to implead myself in this case?

Question

Dear Sirs
Happy deepawali. Due to President's illegalities and irregularities, gen sec filed a case praying for abstaining president till president is proved innocent. After 6 months of case in progress the gen sec resigned. I filed a suit for impleading. Now it seems that the original plaint filed by the gen sec has to be amended--meaning the gen sec has to give no objections or something like that. Need to know will it be technically legal for gen sec to give no objection eventhough he has resigned and/or gen sec can still give no objection for me to be impleaded even though he has resigned and by the mere fact the case was initiated by him; or most importantly just bcos gen sec has resigned that does not mean the case/suit dies with his resignation or gen sec can still continue with the case?? As usual only legal professional to advice and as applicable in India. It is an welfare society.

Nice guidance from Mr. Vijay as always and that too on Deewali day. Gen Sec filed the suit in the capacity of Gen sec and resigned after 6 months. For your info, one of senior advocate fighting this case, has argued in an appeal against the interim order for president to continue, that just bcos the Gen SEc resigned the plaint does not die and referred some previous cases and so the judge announced that the appeal hearing will continue against the wishes of our opponent advocate arguing the appeal must be dismissed bcos the gen sec has resigned. Now I am facing a problem that I cannot be impleaded bcos gen sec cannot chage the plaint and give no objections to my name being impleaded-- so desperately wanting to be impleaded to seek justice and fight a cause. i will be in India in 4 days to follow it up and needed guidance and directions-- pls help.

Answer 1

Happy Deepawali to you & your family, this issue which you have raised here is very technical in nature. Now as far I can recollect this suit was filled by you people against the illegality & irregularity of this President of the welfare society. This general sec. had moved the court against this person as a member of the welfare society as you too are one of its member or he moved the court as the executive member i.e. general sec. in other words did he file this suit as on official capacity as the gen. sec. or as a general member of the welfare society? If this suit has been filled by him as a general member of the society, which you will be pleading now to get your name added along with him in the suit as the plaintiff as you too are a member of the same society & Order 1 Rule 1 of Civil Procedure Code clearly provides All persons may be joined in one suit as plaintiffs where-


(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and

(b) if such persons brought separate suits, any common question of law or fact would arise. In such a case his resignation from the post of the General Sec. won't make any difference as he still continue along with you to remain as one of the plaintiff in this suit. But if this suit has been filled by him as an executive member of this welfare society on official capacity then his resignation from the post of the general sec. takes away his official capacity under which he had moved the court against this President. In such a case he cannot give his consent or permission to add you as another plaintiff as then the issue relating the suit is with regard to executive officials & not with regards to general members of the welfare society. Still the court where this suit is impending shall have to see the subject matter of the suit & the issues in dispute to identify the actual position of this general sec. in relation to this suit & in such case I feel, the court shall decide such amendment in the plaint by adding your name as joinder plaintiff is possible. As I do not know the full facts of this suit & its contents I cannot give more comments on this issue. Just remember the provision of section 151 of Civil Procedure Code gives immense inherent powers to the courts in the interests of justice they can decide any issue keeping in mind the facts & circumstances of the case may pass order that may be necessary for the ends of justice or to prevent abuse of the process of the Court. The recent facts mentioned by you, the best way to join this litigation is to file a similar suit against the President & let both these cases one already filed by the general sec. & still pending before the court & your new case be clubbed & heard simultaneously. In this manner you too become a party of this litigation concerning the same issues of this whole welfare society dispute.

Answer 2

it particularly is an exceedingly severe count. ........Worse than an extortion , a ransom or possibly a rape criminal pastime. A shame for the ethical ethics enshrined in our shape. the sensation of lack of self assurance that made the gentleman seek for recusal can't be overemphasized. all and sundry can see a Mafia threat direct or oblique to boot the political tension at the back of the full scene. our flesh pressers have long palms & deep wallet to boot the wonderful of brains attorneys or masterly crime group expertise. it particularly is only too humiliating for the rustic the place those khadi-clad gentleman use the capability given via human beings against the very those with out any worry or guilt.

Answer 3

You may need to check out a lawyer to take a complete advise through the process.