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
case.
Issue No. 3: Whether the suit is bad for non-joinder of the necessary
party? OPD
The onus to prove this issue was upon ... defendant has contended that the present suit is bad for non-joinder and
mis-joinder of necessary parties on the ground that the plaintiff instituted
states as under:
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
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
family members and that it was bad for mis-
joinder/non-joinder of necessary parties and also that the suit is barred by
the period ... PageNo.18
OPD.
ii). Whether the suit is bad for mis-joinder and non-joinder of
necessary parties? If so, its effect? OPD.
iii). Whether
valid family settlement.
They also contended that the suit suffers from non-joinder of necessary
parties, as defendant no. 2's wife, the owner ... property? OPD
Issue no.5 Whether suit is bad for mis-joinder and non-joinder of parties?
OPD
Issue no.6 Relief.
Civ DJ 611208
ISSUEWISE ANALYSIS & FINDING:
i. Whether the suit is bad for non-joinder of necessary parties, in view of
preliminary objection ... 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
jurisdiction of the Trial Court;
b. The suit being defective for non-joinder of necessary parties
(Jalandhar Leather India Pvt. Ltd. and allegedly Ms. Anjali ... Delhi. The
RCA CIVIL DJ ADJ 7/24 Page 5 of 27
non-joinder argument is refuted. Regarding Ex. PW1/A (Colly), it is
submitted
Rule 9 - Misjoinder and Non-joinder:
"No suit shall be defeated by reason of the misjoinder or
non-joinder of parties, and the Court ... reason of
misjoinder or non-joinder of parties; however, the proviso clearly
mandates that this protection does not extend to non-joinder of a
necessary
