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What is misjoinder and non-joinder of parties?

What is misjoinder and non-joinder of parties?

Misjoinder of parties means a joinder of a party who ought not to have been joined either as a plaintiff or as a defendant. In other words, it refers to impleading an unnecessary party. However, Non-joinder refers to a situation when a party who ought to have been impleaded according to the law is not impleaded.

What is the effect of non-joinder or misjoinder of parties on suit?

A suit cannot be dismissed only on the ground of non-joinder or misjoinder of parties subject to the exception that non-joinder of a necessary party may render fatal to the case[30].

What does misjoinder of parties mean?

The improper joining of a party to a criminal or civil lawsuit. Thus, a party is misjoined if the alleged claim against them does not arise out of the same transaction or occurrence as other defendants, and there are no common questions of law or fact.

When Should any objection as to non-joinder or mis joinder of parties in a suit be raised?

As per Rule 13 of Order 1 of the Code of Civil Procedure, all objections on the ground of non-joinder or mis-joinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any …

When the court can dismiss a suit for non-joinder of a party?

To sum up, in the case of non-joinder of necessary parties the Court cannot pass an effective decree in their absence. In such a case, the suit cannot proceed and is liable to be dismissed if the plaintiff on being provided with an opportunity to amend the plaintiff refuses to do so.

What is the effect of non-joinder of necessary party?

What does Implead mean?

Legal Definition of implead : to bring into a lawsuit specifically : to bring (a third party who is or may be liable to the plaintiff or defendant) into a suit — compare interplead, intervene, join. History and Etymology for implead.

What does Misjoin mean?

to join or connect badly, incorrectly, or unsuitably.

What is a Rule 21 motion?

21 provides that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court’s own initiative at any stage in the action and on such terms as are just.

When the court can dismiss a suit for non joinder of a party?

What are the parties called in a criminal case?

An accused is a party in a criminal proceeding and is the person against whom criminal proceedings have been instituted.

When is a case of Misjoinder and non joinder of parties?

However, this rule does not apply to cases where there is a non-joinder of necessary party. If two or more persons are joined as plaintiffs or defendants in one suit in contravention of order 1, Rules 1 and 3 respectively and they are neither necessary nor proper parties, it is a case of misjoinder of parties.

Can a non-joinder be a necessary party?

Necessary or proper parties are not joined. Necessary parties are those against whom the relief is claimed. If a non-joinder, it is only irregular but it is not illegal. Where a person who is a necessary party to a suit is not joined as a party to the suit, the case is one of non-joinder.

Can a suit be dismissed on the ground of non joinder of parties?

A suit is not to be dismissed only on the ground of non-joinder or misjoinder of parties. The Court may allow the necessary parties to be joined, in at a later stage. The Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.

When to use the joinder of parties rule?

One essential requirement of Order 1. Rule 1. C. P. C. has therefore been fulfilled in this case. According to the other requirement of the rule joinder of plaintiffs would be permissible if it could be shown that “any common question of law or fact” would arise if they brought their suits separately.

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