Non-Joinder and Misjoinder of Parties
Non-Joinder and Misjoinder of Parties
What are Parties in a Civil Suit?
Parties are the persons or entities who have an interest in the subject matter of the suit. They include plaintiffs (who sue) and defendants (who are sued).
Meaning of Non-Joinder and Misjoinder:
| Term | Meaning |
|---|---|
| Non-Joinder of Parties | When a person(s) who ought to have been made a party to the suit is/are not made a party. |
| Misjoinder of Parties | When a person(s) is/are improperly joined as party to a suit, though they have no real interest or connection with the cause of action. |
Legal Provisions Relating to Joinder of Parties:
Order 1 of the CPC deals with joinder, non-joinder, and misjoinder of parties.
Order 1 Rule 1: Parties to a suit.
Order 1 Rule 2: Joinder of plaintiffs.
Order 1 Rule 3: Joinder of defendants.
Order 1 Rule 10: Effect of non-joinder and misjoinder of parties.
1. Non-Joinder of Parties
Occurs when a necessary party is not included in the suit.
A necessary party is someone whose presence is necessary for the effective adjudication of the suit.
Example: In a suit for partition of a property owned jointly by several persons, if one co-owner is omitted, there is non-joinder.
Consequences:
Suit may be bad for non-joinder if the omitted party is necessary.
Court may order addition of necessary parties.
Suit may be dismissed if non-joinder is fatal to the claim.
However, non-joinder is not always fatal if the omitted party is not necessary.
2. Misjoinder of Parties
Occurs when parties are joined in a suit without sufficient cause or connection with the cause of action.
When parties who have no common interest or right are joined together.
Example: A suit where unrelated defendants are joined for convenience without any connection to the claim.
Consequences:
Court may order separation of causes of action.
May order striking off improperly joined parties.
Misjoinder is generally not fatal to the suit unless it causes injustice or confusion.
When is a Party Necessary?
A party without whose presence the court cannot effectively or completely adjudicate the matter.
Persons who have some right, title, or interest in the subject matter.
Persons who will be affected by the court’s decree.
When is a Party Proper?
Persons who have an interest in the subject matter but are not necessary.
The suit can proceed even if proper parties are not joined.
Effect of Non-Joinder or Misjoinder (Order 1 Rule 10):
Neither non-joinder nor misjoinder of parties shall be a ground for declaring a suit defective.
The court may in its discretion add, strike out, or separate parties or causes of action.
The court ensures that justice is done.
Important Case Laws:
1. J.K. Cotton Spinning & Weaving Mills Co. Ltd. v. Union of India, AIR 1964 SC 1011
The Supreme Court held that non-joinder of a necessary party is a serious matter and the suit may be dismissed or defectively constituted.
2. D. Ramalinga Reddy v. Prabhakara Reddy, AIR 1962 SC 616
The Court held that non-joinder of a necessary party can vitiate the suit.
Proper parties must be joined for effective adjudication.
3. Puranmal Laherchand v. Sohanlal, AIR 1968 SC 1290
The Court observed that misjoinder of parties is not fatal to the suit.
Court has the power to correct misjoinder and proceed with the suit.
4. Sushil Kumar Gupta v. Union of India, AIR 1975 SC 1630
The Court explained the distinction between necessary and proper parties.
Held that presence of necessary parties is essential for decree to be binding.
Summary Table:
| Aspect | Explanation |
|---|---|
| Non-Joinder of Parties | Necessary party not joined; may vitiate suit |
| Misjoinder of Parties | Improper or unnecessary parties joined; generally not fatal |
| Legal Provisions | Order 1 Rules 1, 2, 3, and 10 CPC |
| Court’s Power | Add, strike off, or separate parties or causes of action |
| Effect on Suit | Non-joinder may cause dismissal; misjoinder may be corrected |
| Important Case Laws | J.K. Cotton Mills, D. Ramalinga Reddy, Puranmal Laherchand, Sushil Kumar Gupta |
Practical Example:
Non-Joinder: A sues B and C for partition of jointly owned land but omits D, another co-owner. D is a necessary party, so non-joinder may make the suit defective.
Misjoinder: A sues B for breach of contract and also joins X and Y, unrelated persons with no interest in the contract. This is misjoinder; the court may strike off X and Y.
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