plea of non-joinder was considered by all the courts. In fact, the trial court held that the suit was bad for non-joinder ... non-joinder of necessary parties, I hold that it is not proper for the court to non-suit the plaintiffs on the ground of non
relationship between the parties and the suit was not bad for
non-joinder of necessary parties. Since the suit is also on original
consideration, even ... raised
by the defendant that, the suit was bad for non-joinder and mis-
joinder of parties. Along with this issue we shall also consider
parties can't be again raised.
26. Insofar as non-Joinder or mis-joinder of necessary parties, the learned Counsel for the appellant relies ... follows :
Objection as to non-joinder or mis-joinder
13. All objections on the ground of nonjoinder or mis-joinder of parties shall be taken
specific plea of non-joinder of the grandsons. The plea runs thus:
The suit is bad for non-joinder of parties, the other sharers namely ... true that it is for the party pleading non-joinder to establish how the non-joinder is fatal to the suit and he cannot content
question of non-maintainability of the suit in the ground of non-joinder of necessary parties not enabling the court to pass an effective decree ... present cases, the only question raised by Mr. Rao is non-joinder of the deity Malikeswar Swamy as a party to the suits. Therefore
several grounds. The learned
Counsel submitted that the objection about non-
joinder of necessary party was specifically
raised by the appellant before the trial court ... application at Exhibit-112 with
a prayer to frame issue about non-joinder of
necessary party to the suit, as according to him,
Ratilal Choudhari
follows:
9. Mis-joinder and non-joinder? No suit shall be defeated by reason of
the mis-joinder or non-joinder of parties ... this rule shall apply to non joinder of a necessary
party.]
70.The provision clearly shows that non-joinder of necessary parties
shall defeat
having equal shares in the suit properties. The suit is bad for non-joinder of
Gomathi and Boopathy.
4(ii). The 1st respondent wanted ... minor
children including the appellant. The suit is bad for non-joinder of necessary
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plaintiff's suit was liable to be dismissed for non-joinder of one Mosst. Jileba Kuer?
2. One Pitamber Raut had three sons, namely ... issue regarding non-joinder and the plaintiff was thus not allowed an opportunity to adduce evidence on this point of non-joinder. Two courses were
read with proviso to Section 21 (1) ,
scope of-Non-joinder of the defendant due to bona fide
mistake discernible from official document but rectified ... plea of non-joinder of all necessary parties without
producing the original sale deed with them. After a
replication denying the plea of non-joinder
