This takes me to the third point in
regard to the non-joinder of necessary party
i.e. Smt. Saroop Devi, the vendor ... mandates that all objections on the ground
of non-joinder or mis-joinder of parties shall
be taken at the earliest possible opportunity
Code of Civil Procedure , 1908 (hereinafter called ‘ CPC ’) provides that
non-joinder of necessary party be fatal. Undoubtedly, provisions of CPC are
not applicable ... refused to do so, ought to have dismissed that petition for non-
joinder of necessary parties.”
29. Thereafter the Court proceeded to summarise its conclusion
that the suit was
dismissed by the learned Munsiff, Bilasipara for non-joinder of necessary
party. The issue is no longer res integras. The Apex ... plaintiff's appearance, or on the ground of non-joinder of
parties or mis-joinder of parties or multifariousness, or on the
ground that
arrayed as parties and therefore the writ petition was bad for non-joinder of necessary parties. He has relied on the decision in the case
whether,
the suit is bad for misjoinder or non-joinder of necessary party?". Insofar as
answers to issue Nos.4 and 5 are concerned ... Hence, I
answer this issue accordingly.
33. As far as mis-joinder and non-joinder of necessary
party is concerned, the defendant has admitted that
provide that these
provisions will not apply in cases of non-joinder of a necessary party.
Patna High Court ... dismissed for non-joinder of necessary
party and the judgment and decree can be reversed on the ground of
non-joinder of necessary party
respondent in the OA. Therefore, the OA is hit by non-joinder of necessary parties.
20. We have carefully scrutinized the pleadings in both these ... serious, though not incurable, defects; the core defect was that of non- joinder of necessary parties, for respondents to the Sangh's petition were
respondent No.2 proves that the
claim petition is bad for non-joinder of necessary
parties?
SCCH ... respondent No.2 proves that the claim
petition is bad for non-joinder of necessary parties?
2) Whether respondent No.2 proves that
suit is barred by limitation, that the suit is bad for non-joinder of
necessary parties and that the suit is undervalued. The further case ... Whether the suit is maintainable?
2. Whether the suit is bad for non-joinder of necessary parties ?
3. Whether the plaintiff
reproduced in the judgment.
“The first defect was that of non-joinder of neces-
sary parties. The only respondents to the Sangh’s
petition were ... refused to do so, ought to have dismissed that
petition for non-joinder of necessary parties.”
32
29. Thereafter the Court proceeded to summarise
