case be remanded, in appeal on account of any misjoinder [or non-joinder] of parties or causes of action or any error, defect or irregularity ... Court: Provided that nothing in this section shall apply to non-joinder of a necessary party.] [Inserted by the Code of Civil Procedure (Amendment
dismissed the original petition of the appellant on
the ground of non-joinder of necessary parties.
Brief facts which are necessary for disposal of this ... question is whether non-impleading the treating doctor as
party could result in dismissal of the original petition for non-joinder of
necessary party
failure. to join her brothers made the suit incompetent for
non-joinder of necessary parties. The trial court dismissed
the suit. On appeal, the High ... would be exclusively entitled
to it and the plea of ,non-joinder of her brothers would
fail.
Held: (Per, P. B. Gajendragadkar, K. Subba
Non-joinder of candidate against
whom allegation of corrupt practice is made whether fatal-
Whether objection must be raised in written statement or
whether ... appellant also contended that since the
objection as to the non-joinder of the necessary party was
not taken at the earliest, it should
been dismissed for default?
2. Whether the suit is bad for non-joinder of admitted co-sharers even as per plaintiff in the suit ... marrow of it would be that the suit was bad for non-joinder of necessary parties, as said Late Subramania Chettiar had two wives
limitation. But, in our opinion, the findings as to benami, and non-joinder are wrong, and that as to limitation partly so. Having come ... points of law urged.
7. First, as to the objection of non-joinder which was strongly pressed.--Now the present action is one founded
Suit and therefore, the same is liable to be dismissed
for non joinder of necessary parties.
6. On the basis of rival pleadings raised ... simply on the ground that the present Suit is
bad for non-joinder of necessary parties. Against the Judgment and decree passed
by the trial
insufficient. Lastly, he contended that the suit is bad for non-joinder of necessary parties. So far as Item 19 of the plaint schedule ... Trial Court further held that the suit is bad for non-joinder of necessary parties since the beneficiaries under the said 2 Wills executed
that the State Government is a necessary party and the non-joinder of the Government is fatal to the suit. On the merits also ... file a fresh suit. The first ground relates to the non-joinder of the Government. It is stated in the affidavit that the petitioners were
suit shall be defeated by reason of the misjoinder on non-joinder of the parties, but there can be no doubt that if the parties ... proper for the court to non-suit the plaintiffs on the ground of non-joinder of necessary parties. The rulings cited by learned Counsel
