that the present suit is barred by time; it is bad for non-joinder of
parties; it has been undervalued and also that
jurisdiction to
adjudicated the present suit, that the suit is bad for non-joinder of
necessary parties, that Plaintiff failed to obtain succession certificate from ... plaintiffs.
52 Issue no. 3: Whether the suit is bad for non-joinder of
necessary parties? OPD
The defendant have taken a plea that
plaintiff.
35. Issue No.7
Whether suit is bad for non-joinder of necessary parties that is
the owner of the property Sh Lovi ... Lovi Pal
Singh but still the suit is not bad for non-joinder of Sh.Lovi Pal Singh
as the present suit has been filed
taking
preliminary objections that the suit of the plaintiff is bad for non-joinder
for necessary parties and is barred by the law of limitation ... Specific Relief Act and is further bad for non-joinder of
necessary parties. It was further his case that suit is barred by limitation
duly authorised person
and further that suit is bad for non-joinder of necessary parties. It
was stated that alleged mortgage deed dated ... non-joinder of
necessary parties?OPD:- Under issue No. 3 the Ld. Trial court has
observed that suit is bad for non-joinder of necessary
defendant and vice-versa (party
wrongfully impleaded). However, 'Non-joinder' refers to a situation when
a party who ought to have been impleaded ... case of misjoinder. Non-joinder of parties
is not fatal to a suit. However, a distinction between non-joinder of
someone who ought to have
dismissed.
ii) That the suit is bad for misjoinder and non-joinder of
parties.
14 On merits, defendant no. 7 has denied all the
allegations ... following
issues:-
1. Whether the suit is bad for mis-joinder and non-joinder of
parties? OPD
2. Whether the pltffs
plaintiff in his
individual capacity, is bad for non-joinder as well as mis-joinder of the
parties.
24. No doubt that the case ... only
on the ground of non-joinder and mis-joinder of parties, but in the instant
case the objections regarding non-joinder were taken
suppressed material facts? OPD
2. Whether the suit is bad for non-joinder of parties? OPD
3. Whether plaintiff is entitled to decree of partition ... non-joinder of parties? OPD
The onus of proving this issue was upon the defendant. Defendant states that
the suit is bad for non-joinder
non-joinder and
mis-joinder of parties? OPD
The defendant has taken a plea that suit is bad for non-
joinder and mis-joinder ... been impleaded due to which
suit is bad for mis-joinder or non-joinder of the necessary parties. The
defendant has thus failed to discharge