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    <title>1981 (10) TMI 186 - BOMBAY HIGH COURT</title>
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    <description>Co-trustees generally must act together because the office of trustee is joint, especially where the liability of trust property is in issue. An appeal filed by only some trustees, without impleading the remaining trustees, was therefore defective. Order 41 Rule 4 CPC did not apply because the decree was not based on a common ground applicable to all trustees, and Order 41 Rule 33 CPC could not cure the foundational defect in the absence of the other trustees. As no amendment was sought to bring them on record, the appeal risked inconsistent decrees and was held incompetent, leading to the appellate decree being liable to be set aside.</description>
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    <pubDate>Wed, 07 Oct 1981 00:00:00 +0530</pubDate>
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      <title>1981 (10) TMI 186 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=273546</link>
      <description>Co-trustees generally must act together because the office of trustee is joint, especially where the liability of trust property is in issue. An appeal filed by only some trustees, without impleading the remaining trustees, was therefore defective. Order 41 Rule 4 CPC did not apply because the decree was not based on a common ground applicable to all trustees, and Order 41 Rule 33 CPC could not cure the foundational defect in the absence of the other trustees. As no amendment was sought to bring them on record, the appeal risked inconsistent decrees and was held incompetent, leading to the appellate decree being liable to be set aside.</description>
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      <pubDate>Wed, 07 Oct 1981 00:00:00 +0530</pubDate>
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