Asked by: Neal Norris
business and finance bankruptcy

Can a suit be dismissed for non joinder of necessary party?

Last Updated: 14th May, 2020

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In case of non-joinder of the necessary party, an opportunity should be given to the plaintiff to add the necessary party. 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.

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People also ask, can a person take part in the proceeding of the suit without being a party?

On the other hand, where a person, who is necessary or proper party to a suit has not been joined as a party to the suit, it is a case of non-joinder. The general rule is that a suit cannot be dismissed only on the ground of non-joinder or misjoinder of parties.

Secondly, what is non joinder and Misjoinder? 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.

Also to know, what is non joinder?

Non-joinder Definition: "By definition, non-joinder is the failure to include, in addition to those named, someone else who has a vital and direct interest in the controversy and whose interest cannot in law or in good conscience be severed from the parties named in the suit. "

Who can be impleaded as party?

For example, in a suit of possession for immovable property, a tenant may want to get impleaded as a necessary party in the capacity of respondent, although the suit is between two other persons who are claiming their respective possession rights on the disputed immovable property.

Related Question Answers

Raksasa Solans

Professional

Who is a proper party to a suit?

A “proper party” is a party who, though not a necessary party, is a person whose presence would enable the court to completely, effectively and adequately adjudicate upon all matters in dispute in the suit, though he need not be a person in favour of or against whom the decree is to be made.

Aitzpea Tihankin

Professional

What is a proforma party?

A pro forma defendant is a defendant named as a matter of formality, who typically has no direct responsibility for the harm alleged, but shares an interest with other defendants, such as being a co-owner of property or successor in interest. A pro forma defendant is a term used mainly in Indian law.

Romaissae Loaisa

Professional

What is Misjoinder law?

In legal procedure (both civil and criminal), misjoinder refers to a wrongful joinder. Misjoinder of parties consists in joining as plaintiffs or defendants persons who have conflicting interests, or who were not involved in the same transaction or event.

Mballo Pioo

Explainer

What is a permissive joinder?

Permissive joinder allows multiple plaintiffs to join in an action if each of their claims arise from the same transaction or occurrence, and if there is a common question of law or fact relating to all plaintiffs' claims.

Suyun Huesca

Explainer

What is rejoinder in law?

Rejoinder is a quick reply that is often sharp or witty, or is a legal term referring to a defendant's answer to a plaintiff's legal action. A fast, witty comeback to an insult is an example of a rejoinder. The defendant's response to a plaintiff's motion to the court is an example of a rejoinder.

Aridane Geijo

Explainer

Who can be plaintiff?

The plaintiff is the person bringing a lawsuit to court, by filing a plea or motion. More frequently these days, in civil law cases, a plaintiff is often called a claimant. That is, the plaintiff or claimant is the person bringing a claim against another person.

Glennie Rolfers

Pundit

Who is pro forma defendant?

4 is a proforma defendant which means that plaintiff did not claim any relief against him but solicited his presence only for the purpose of passing a decree. 5. The day when application under Order VI Rule 17 was filed by the plaintiff, trial had not commenced.

Mher Schamberger

Pundit

What is Misjoinder and Nonjoinder?

When a person has been named as a party to a law suit when that person should not have been added. "A proceeding must not be defeated by reason of the misjoinder or nonjoinder of a party and the court may deal with the matter in controversy so far as it affects the rights and interests of the parties before it."

Tajinder Chatel

Pundit

What is a motion for joinder?

"Joinder" is the process by which additional parties or claims are added to a lawsuit. If you want to add a new plaintiff or defendant to the lawsuit, you must file a motion for joinder of the parties. The joinder may be permissive, which basically means it's up to the judge whether to allow the party to be joined.

Hennadiy Subramaniam

Pundit

What is a representative suit?

A representative suit is a suit filed or against one or more persons on behalf of themselves and others having the same interest in the suit.

Geovanni Mariotti

Pundit

What does Implede 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.

Albar Gottschaldt

Teacher

Is Impleader compulsory?

If the defendant misses the 14-day deadline, Rule 14 requires the defendant obtain permission from the court to implead the third party. If submitted on time, the case becomes compulsory; the court must allow the impleader.

Pauli Versaci

Teacher

What is a motion to Implead?

Impleader is a procedural device before trial in which one party joins a third party into a lawsuit because that third party is liable to an original defendant.

Herenia Peyerl

Teacher

What is a third party summons?

The third-party summons is used when the defendant commences a third-party action. This occurs when the defendant seeks to include in the litigation an entity not already a party who may be liable to the defendant for all or part of the plaintiff's claims against the defendant.

Khatri Morgades

Teacher

When should I file a third party complaint?

Under the amendment of the initial sentences of the subdivision, a defendant as a third-party plaintiff may freely and without leave of court bring in a third-party defendant if he files the third-party complaint not later than 10 days after he serves his original answer.

Ghada Worthmann

Reviewer

What is a fourth party complaint?

party complaint. A third (fourth, etc.) party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim. Sec.

Oghogho Cockburn

Reviewer

What is a 3rd party notice?

third party notice noun
a document issued by the claimant or the defendant to bring a third party into a lawsuit.

Mimoun Taravilla

Reviewer

What is the difference between Impleader and Interpleader?

As nouns the difference between interpleader and impleader
is that interpleader is (legal) one who makes an interplea while impleader is (legal) a procedural device before trial in which a party joins a third-party into a lawsuit because that third-party is liable to an original defendant.

Clelia Codon

Reviewer

Can a plaintiff Implead?

A defendant is permitted to bring into the action or implead another person or persons whom the defendant claims would be liable to him or her for all or part of the plaintiff's claim.