Joinder-Non Joinder-Mis Joinder of Parties in CPC

The title itself is self explanatory. Joinder of Parties is joining parties in a suit. Non-Joinder means not joining parties in a suit. Mis-joinder will imply ill-joining or joining unnecessary parties in a suit. A short description of the three are as follows:

Joinder of Parties
Joining parties in a suit is called joinder of parties. This may be joining a party as plaintiff or defendant. Joining a party as plaintiff is dealt with under Order 1 Rule 1 of the Code of Civil Procedure.
Order 1 Rule 1 says that all persons may be joined as plaintiffs in one suit where a right to relief in a same transaction is alleged to exist in such persons either jointly or severally. It can also said that if such persons brought separate suits any common question of law or fact will arise. These persons can be joined in one suit.
Now with regard to joinder of defendant as party, Order 1 Rule 3 of CPC says that all persons who has some rights exist with respect to a relief either jointly or severally in a same act or transaction can be joined in one suit. Here also there will be common questions of law or fact if suits separately brought against them.

Non-Joinder of Parties
A non-joinder occurs when a party to the dispute is not joined in a suit. The suit will fail if a party who is necessary to the dispute is not joined in a suit. The persons who are going to be affected by the pleadings or outcome of the suit has to be joined in the suit. Order 1 Rule 7 of CPC permits a plaintiff to join two or more defendants in case he is doubtful as to who should be proceeded against to get redress. Non-inclusion of a party whose presence is necessary for adjudicating the dispute is called Non-Joinder. So whenever a plaint is filed to move a suit, the plaintiff must take all earnest efforts to add such parties who are necessary to the suit. This will avoid unnecessary delays in the suit.
Mis-Joinder of Parties
Adding or the presence of a party who is unwanted or unnecessary to the proceedings is called Mis-Joinder of Party. However no suit shall be defeated by reason of mis-joinder of a party. This is dealt within Order 1 Rule 9 of CPC.
Order 1 Rule 13 of CPC says that any objections as to non-joinder or misjoinder of parties shall be taken at the earliest possible opportunity and in all cases before issues are settled. If the objections are not raised as stated above, it shall be deemed to have been waived.

Law Help Bangladesh

This is a common profile to post random articles form net and other sources, generally we provide original author’s information if found, but some times we might miss.
Please inform us if we missed any or if you are aggrieved on any post, we will remove or re-post it with your permission.

You may also like...

error: Content is protected !!
%d bloggers like this: