https://www.taxtmi.com/caselaws?id=287406 A proceeding instituted on behalf of a trust by one trustee alone is not necessarily void ab initio. The omission to join co-trustees may amount to a curable defect of non-joinder of necessary parties, especially where the trust instrument does not bar correction and no limitation prejudice arises. The Court may, in an appropriate case, invoke Order I Rule 10(2) CPC to implead the remaining trustees and permit consequential amendment so that all interested persons are before the Court. On these principles, the refusal to implead was set aside and the matter was directed to proceed with the other trustees on record. en-us Thu, 29 Jun 1978 00:00:00 +0530 Tue, 14 Apr 2020 09:52:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287406 A proceeding instituted on behalf of a trust by one trustee alone is not necessarily void ab initio. The omission to join co-trustees may amount to a curable defect of non-joinder of necessary parties, especially where the trust instrument does not bar correction and no limitation prejudice arises. The Court may, in an appropriate case, invoke Order I Rule 10(2) CPC to implead the remaining trustees and permit consequential amendment so that all interested persons are before the Court. On these principles, the refusal to implead was set aside and the matter was directed to proceed with the other trustees on record. Case-Laws Indian Laws Thu, 29 Jun 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287406