non-joinder of necessary parties. In the light of aforesaid arguments, we propose to examine whether the complaint suffers from the virus of non-joinder ... plea of non-joinder was raised at the initial stage. Since the matter relates to medical negligence, therefore, non-joinder of the Surgeon cannot
frame any issue and discuss the issue on non-joinder of parties. He further submits that for non-joinder of Devlok Hospital ... stated that "all objections on the ground of non-joinder or mis joinder of parties shall be taken at the earliest possible opportunity
following order:-
"ORDERED
That CC/277/2017 is dismissed for non-joinder of necessary party."
Being aggrieved by and dissatisfied with the above ... dismissal of the Complaint Proceeding on the very ground of non-joinder of necessary party is highly illegal, irregular
following order:-
"ORDERED
That CC/276/2017 is dismissed for non-joinder of necessary party."
Being aggrieved by and dissatisfied with the above ... dismissal of the Complaint Proceeding on the very ground of non-joinder of necessary party is highly illegal, irregular
said complaint case was defect of
parties i.e. non-joinder of necessary party (State of Tripura). It is settled
principle of law that ... instant case, the
defect of party i.e. non-joinder of necessary party has been pointed out in the
impugned judgment while dismissing the complaint
behalf of company, therefore, the complaint was bad of mis-joinder and non-joinder of necessary parties and that complicated questions of facts were involved ... present appeal:-
Whether the complaint was bad for mis-joinder and non-joinder of parties?
Whether Sh.Jatinder Pal Singh son of Ajit Singh
Limited, Chennai as a party to the
complaint and due to non-joinder of necessary party, the
complaint was liable to be dismissed ... consumer proceedings. Non-joinder of
manufacturer is not fatal when dealer who sold the defective goods
is equally liable. The non-joinder of manufacturer
written version by
raising preliminary objections that complaint is bad for non-joinder of
necessary parties, as the property insured has been hypothecated ... non-joinder of
necessary parties. As such, we reject the contention of OP with regard
to non-joinder of necessary parties in the case
suit is bad for mis-joinder or non-joinder of parties. When Hari Charan Gupta and M/s Deepak Minerals Industries (P) Ltd. being necessary ... been made by the opposite parties, the complaint is bad for non-joinder of necessary parties. It is true that the case can be returned
non-joinder of necessary party has to be taken at the earliest opportunity on or before issues are settled, otherwise, such plea of non-joinder ... plea of non-joinder of necessary party in their written objection and as such, it shall be presumed that such plea of non-joinder
