Objections as to non-joinder or
misjoinder
All objections on the ground of non-joinder or misjoinder
of parties shall be taken at the earliest ... non-joinder of a party, unless that party is a
necessary party. Therefore, in such a case, the non-joinder of a
necessary party always
suit shall be defeated by reason of mis-
joinder or non-joinder of parties and the Court may in
every suit deal with the matter ... suit shall be
defeated by reason of the mis-joinder or non-
joinder of the parties, but there can be no doubt
that
non-joinder of necessary
9/66
https://www.mhc.tn.gov.in/judis
A.S.No.521 of 2016
parties and barred by limitation
held that,
"all objections on the ground of non-joinder or mis- joinder of parties should be taken at the earliest opportunity ... suit shall be defeated by reason of the mis-joinder or non-joinder of parties, and the Court may in every suit deal with
Rule 9 of the Code deals with mis-joinder and
non-joinder of parties. It reads as under :
"9. Mis-joinder and non-joinder ... necessary
party. Where either a necessary or proper party is not impleaded
in the array of parties, it is said to be non-joinder
suit. It was contended that the suit is bad
for non-joinder of necessary party. It was also contended that as the
value ... reason that the defendants
did not raise the plea of non-joinder of parties at the right time.
13. Issue No.4 - the issue regarding
necessary party but with the defect of
misjoinder of parties or misjoinder of causes of action. The issue of non-
joinder of necessary parties ... joinder and non-joinder.- No suit shall be defeated
by reason of the mis-joinder or non-joinder of parties, and
the court
remanded, in appeal on account of any mis-joinder or non-joinder of parties or causes of action or any error, defect or irregularity ... suit shall be defeated by reason of the mis-joinder or non- joinder of parties, and the Court may in every suit deal with
only be convenience or expediency to have the absent parties added as parties. Their non-joinder would not be fatal to the suit ... specific plea of non-joinder of the grandsons. The plea runs thus:
The suit is bad for non-joinder of parties, the other sharers namely
before issues are settled, otherwise, such objection relating to non-joinder or mis-joinder of parties shall be deemed to have been waived ... provides that all objection on the ground of non-joinder or mis-joinder of parties shall be taken at the earliest possible opportunity
