barred by time and that the same is bad for non-joinder of necessary
parties as remaining sons and daughters of Jaswant Singh have ... joinder or non-joinder of parties but the proviso states
that the said Rule shall not apply to non-joinder of a necessary party.
Signature
share and thus prayed the Court to dismiss the
suit for non-joinder of necessary parties also.
7. 2nd Defendant in the written statement contended ... Whether the suit is bad for non-joinder of necessary
parties?
(3) Whether the plaintiff is entitled for partition of plaint
schedule properties into three
holding
that the application was not bad for non-joinder of the driver of the
offending car. Amplifying the submission, Mr. Gatne would urge that ... non-joinder of
necessary party was raised in the written statement by the insurer
and even the Tribunal framed an issue of non-joinder
Court
in the present application, is with respect to the alleged non-joinder of
necessary party. A bare perusal of the provisions of Order ... plaint for non-joinder of necessary party. After considering the
submissions of both parties, the Court held that the ground taken,
namely, non-joinder
suit and therefore stated
that suit is barred for non-joinder of necessary parties. Holding as
above, the Appeal suit was allowed and thereby ... follows;
“9.Mis-joinder and non-joinder:- No suit shall be
defeated by reason of the mis-joinder or non-joinder of
parties
such general rule shall not apply to non-joinder of a
necessary party. So it is obvious that non-joinder of a necessary party
stands ... this section shall apply to non-joinder of a
necessary party. So, it can be deduced that non-joinder of a necessary party
by itself
therefore submitted that the suit itself
was not maintainable on account of non-joinder of other
owners of the suit property.
10. Shri Raval further ... this suit and their
non-joinder is fettled to the suit. The suit is
liable to be dismissed for non-joinder of
necessary parties
Order 1
Rule 10 to avoid the consequences of non-joinder
for which a special provision is to be found in the
Act. The court ... Order 1 Rule
10 to avoid the consequences of non-joinder for
which a special provision is to be found in the Act.
The Court
disclose any cause of action.
10. The other objection pertains to non-joinder of necessary
parties. This contention is answered by the
respondents/plaintiffs that ... revision petitioners and other shareholders are not
necessary parties. Even otherwise non-joinder of necessary
parties is not one of the grounds for rejection
suit is
liable to be dismissed on the ground of non-joinder of proper and
necessary parties.
13. Though this defence was taken up before ... suit is
bad for non-joinder of necessary parties, no objections was taken by the
respondents 1 to 3 as to non-joinder
