also observed that the suit was also otherwise
bad for non-joinder of necessary parties since the other two brothers
namely Shri Sri Nath ... ascertain
whether a party is a necessary party to suit or not. The test, whether a
party is a necessary party or not, is twofold
whether non-impleading the treating doctor as
party could result in dismissal of the original petition for non-joinder of
necessary party ... shall fail because of mis-joinder or non-joinder
of parties. It can proceed against the persons who are parties
before the Court. Even
Code deals with mis-joinder and
non-joinder of parties. It reads as under :
"9. Mis-joinder and non-joinder. -
No suit shall ... clear that mis-joinder or non-
joinder of parties is not fatal unless it is non-joinder of necessary
party. Where either a necessary
suit. It was contended that the suit is bad
for non-joinder of necessary party. It was also contended that as the
value ... principles of res-judicate?
3. Is the suit bad for non-joinder of necessary party?
4. Has the suit been properly valued and does this
prayed for?
3) Whether the suit is bad for non-joinder of necessary parties?
4) To what relief?
It is pertinent to note here itself ... hereunder:
9. Misjoinder and non-joinder - No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court
Issue No.10 was -
"Whether suit is bad for non-joinder of necessary
parties ?"
12] In the written statement filed by the defendant ... inter alia
praying for dismissal of the First Appeal for non-joinder
of necessary parties.
22] Mr.N.V. Gaware, learned counsel for the
plaintiffs
ground of non-joinder or misjoinder of a party,
but this cannot and does not apply to the non-joinder of a necessary
party: that ... non-joinder of a
proper party. That is the only plea capable of being waived. A plea
of non-joinder of a necessary party
appellant is valid and legal. The suit is bad
for non-joinder of necessary parties as other sons and daughters of
Thiripurathammal and Sarangapani ... this conclusion, it becomes
necessary to consider whether the appellant's suit must fail
for non-joinder of necessary parties. It is common ground
non-joinder of necessary
9/66
https://www.mhc.tn.gov.in/judis
A.S.No.521 of 2016
parties and barred by limitation
joinder and non-joinder.-No suit shall be
defeated by reasons of the mis-joinder or non-
joinder of parties, and the Court ... ground of
non-joinder of proper parties but this rule does not apply in
case of non-joinder of necessary parties. All the objections
