Friday, November 2, 2012

Non-joinder of necessary party

Non-joinder of necessary party—When the plaintiff itself persists in not impleading a necessary party in spite of objection, the consequences of non joinder may follow—However, the said objection should be taken in the trial Court itself so that the plaintiff may have an opportunity to rectify the defect—The said plea cannot be raised in the Supreme Court for the first time—Civil Procedure Code, 1908, Order 7 Rule 11.
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