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
that there is no alternative but to dismiss the
complaint for non-joinder of parties. The Commission however
observed that considering ... into dismissal on
account of non-joinder of necessary party. So far as the law with
regard to the non-joinder of necessary party under
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 ... brothers would
be entitled to succeed to that property and the non-joinder
of the brothers was, therefore, fatal to the suit. In fact
appellant also contended that since the
objection as to the non-joinder of the necessary party was
not taken at the earliest, it should ... respondent was not precluded from raising
the objection as to non-joinder merely because he has done
so after the close of the appellant
been dismissed for default?
2. Whether the suit is bad for non-joinder of admitted co-sharers even as per plaintiff in the suit ... Procedure no suit shall be defeated by reason of the mis-joinder or non-joinder of the parties, but there can be no doubt that
limitation. But, in our opinion, the findings as to benami, and non-joinder are wrong, and that as to limitation partly so. Having come ... treated the order as comprehending cases of "non-joinder" as well as "mis-joinder." Turning now to Section
Trial Court further held that the suit is bad for non-joinder of necessary parties since the beneficiaries under the said 2 Wills executed ... holding that the suit is not maintainable for non-joinder of necessary parties, though the provisions of Order 1, Rule 10, CPC , clearly provide that
plea of non-joinder was considered by all the courts. In fact, the trial court held that the suit was bad for non-joinder ... non-joinder of necessary parties, I hold that it is not proper for the court to non-suit the plaintiffs on the ground of non
maintainable
or not?
(iv) Whether the suit is bad for non-joinder of
necessary parties?
Page 11 of 48
(v) Whether the judgment and decree ... third
defendant- Hanumaiah. The contention that the suit is
bad for non-joinder of necessary parties is also raised
based on the same reason. Hence
non-joinder of parties and there is specific reference to the non-impleading of Lakshmanan Chettiar. There is no reference whatsoever to the non-joinder ... been held that,
"all objections on the ground of non-joinder or mis- joinder of parties should be taken at the earliest opportunity
