barred for non-joinder and mis-
joinder. (OPD 1 & 3) and whether the suit is bad for misjoinder and
non-joinder of the parties ... Order 1 R.9 CPC provides for effect of misjoinder and
non-joinder of the parties. The same is being reproduced herein
under
been filed within the limitation. The suit is bad for
non-joinder and mis-joinder of necessary parties. The Plaintiff
has no locus standi ... court fee and
jurisdiction?
(4) Whether the suit is bad for non-joinder
and mis-joinder of parties?
(5) Whether the Plaintiff is estopped from
which they have prayed for dismissal of the suit for non-joinder of
necessary parties i.e. the third parties/mill owners who allegedly supplied ... this case.
Issue No. 1:
1. Whether suit is bad for non-joinder of necessary parties? OPD1-2
38. Before appreciating the rival contentions pleaded
defendants? OPD
2. Whether the suit is bad for mis-joinder or non-joinder of
necessary parties? OPD
CS DJ No. 11952 ... party and
proper party for the purpose of determining the question of joinder/
non-joinder of parties under Order 1 Rule
Gram Sabha
Mandoli and if so, whether the suit is bad for non-joinder of
necessary parties? OPD
CS No. 786/2016 Page ... Page No.12 of 50
VI. The present suit is bad for non-joinder of necessary
party because the plaintiff has not made Gaon Sabha
Whether suit is liable to be dismissed for non-joinder of
necessary parties? O.P.D-1.
6. Whether there is no cause of action
only? OPD
Issue no. 7: Whether counter claim is bad for non joinder of Gurmel
Singh. defendant No. 1 in the suit? OPP
42. Since ... follows:
1
9. Misjoinder and non-joinder.--No suit shall be defeated by reason of the misjoinder or non-joinder of
parties, and the Court
non-joinder of the necessary parties?
OPD
45. It is well settled law that, no suit shall be defeated by reason of
misjoinder or non ... follows:
1 9. Misjoinder and non-joinder.--No suit shall be defeated by reason of the misjoinder or non-joinder of
parties, and the Court
dismissed under Order I
Rule 9 CPC and is bad for non-joinder of necessary party? OPD
(41) The onus of proving the above issue ... suit should not be dismissed on the ground
of non-joinder/ mis-joinder of parties but if the decree cannot be effective
without the absent
replace the material. The suit is also claimed
to be bad for non-joinder of necessary parties, claiming that the
Directors of the defendant company ... non-joinder of
necessary parties as pleaded by the defendant? OP defendant."
10.1. The defendant claims that the suit is bad for non-joinder
