non-joinder of
the necessary parties and therefore the suit was rightly dismissed by
the Ld Trial Court on account of non-joinder of necessary ... non-joinder of necessary parties as per
the mandate of Order 1 Rule 13 CPC and the observation that the suit
being bad non-joinder
barred by limitation
and even the suit is bad for non-joinder and mis-joinder of par-
ties.
7. On merits, defendant has denied ... Whether the suit of the plaintiff is bad for non-joinder
of necessary party? OPD
(3) Whether the suit of the plaintiff is not maintainable
follows:
"9. Misjoinder and non-joinder:
No Suit shall be defeated by reason of the misjoinder or non-
joinder of parties and the Court ... effective decree could be passed. In
short, non-joinder of proper party is not fatal while non-joinder of
necessary party is fatal
DLWT03-000004-1991
(OPP).
(c) Whether the suit is not maintainable
for non-joinder and misjoinder of statutory
parties? (OPP).
Vide separate judgment dated ... bars the
joinder of daughters of Late Sh. Ramji Lal in this suit and this
suit is not bad for non-joinder / mis-joinder
pleadings; that the suit
was liable to be dismissed for mis-joinder and non-joinder of
necessary parties; that Plaint disclosed no cause of action ... established as to how the
suit is bad for non-joinder of necessary parties. The written
statement does not aver as to which
action? OPD
5. Whether the present suit is bad for mis-joinder/ non-
joinder of necessary parties? OPD
6. Whether defendant has infringed the trademark ... plaintiff.
D) Whether the present suit is bad for mis-joinder/ non-
joinder of necessary parties? OPD (Issue no. 5)
18. The onus to prove
prayed for? OPP
4. Whether the suit is bad for mis-joinder and non-joinder
of necessary parties? OPD1
5. Whether plaintiffs have approached ... under:-
4. Whether the suit is bad for mis-joinder and non-
joinder of necessary parties? OPD1
16. The onus to prove this issue
joinder and non-joinder- no suit
shall be defeated by reasons of the mis-joinder or non-joinder
of parties and the court ... plea of non-joinder
should be raised at the earliest available opportunity. However, an
exception is partition suit, in which the plea of non-joinder
been paid and further the suit is
also bad for non-joinder of necessary party i.e. the Union
of India.
11.In the para ... issues no. (7)
7). Whether the suit is bad for non-joinder of necessary
parties? OPD
Suit No.612694/2016 S.B. Gupta
against the defendants. The present suit is
bad on account of non-joinder of necessary party and also
bad on account of joinder of different ... defendants.
Issue No.5:- Whether the present suit is bad for non-joinder of
necessary party i.e., M/s Hisar Metal Industries
