resisting an appeal shall be deemed to be prosecuting a proceeding; (c) misjoinder of parties or of causes of action shall be deemed
ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the court of appeal, confirmation
shall any case be remanded, in appeal on account of any misjoinder [or non-joinder] of parties or causes of action or any error, defect
Code. It was submitted
that there was not only misjoinder of parties but there was
also misjoinder of causes of action. It was on this ... with the defendant and that there
was no defect of misjoinder of causes of action in the suit.
They submitted that the plaint
Supreme
Court. The respondents contended: (i) that there was a
misjoinder of charges and persons on account of the
cumulative use of the various clauses ... made to them were inadmissible
in evidence.
Held that there was no misjoinder of charges and of accused
persons. It is open to the Court
Kamalanantha And Ors vs State Of Tamil Nadu on 5 April, 2005
Equivalent citations: AIR
firms, thereby cheating NIC to the tune of Rs.
2,60,000.
Misjoinder of charges
13. One of the submissions urged by all the counsel ... appellants
concerns the misjoinder of charges. In sum, it is submitted that under
Section 219 Cr PC, only three offences of the same kind
claimants are not entitled to compensation. The petition is bad for misjoinder of necessary parties.
4. The insurer contested the claim by filing reply ... course of the employment of the deceased. The petition is bad for misjoinder of insurer. There is collusion between claimants and employer. The insurer
event of which such a petition will be bad for misjoinder of causes of actions or misjoinder of parties due to multifariousness, is the question ... petition against all the tenants is not maintainable and there would be misjoinder of causes of actions. Rent Control Court held that since the scheduled
dismissed by the Court of First Instance on the ground of misjoinder of plaintiffs and causes of action. On appeal by the plaintiffs this Court ... June 1896, held that the first Court was right as regards misjoinder, as the plaintiffs were in all respects separate: their respective properties which