Asked by: Neal Norrisbusiness and finance bankruptcy
Can a suit be dismissed for non joinder of necessary party?
Last Updated: 14th May, 2020
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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.