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What do you mean by non-joinder and mis-joinder of parties?
Answer:
In any civil suit, the presence of all necessary parties is one of the essential requirements. Rule 9 Order 1 of Civil Procedure Code, 1908 provides for non-joinder and mis-joinder of parties.
Non-joinder: Non-joinder is a situation where one or more necessary parties to the civil suit, without whom the decision can not be pronounced, is missing or absent. This may be defendant or plaintiff who need to be joined in the eye of law as a necessary party as the final verdict or order is not possible by the court in the absence of these parties. The rule clearly states that “No suit shall be defeated by reason of non-joinder of parties and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it”. However, proviso to the rule excludes applicability of this rule for necessary parties in the absence of whom no effective decree can be passed by the court.
If a suit is dismissed on the ground of non-joinder of a necessary party, the plaintiff has to file the suit again. This may result in multiplicity of suits whereas the courts seek to prevent multiplicity of suits. For this reason, the court may add necessary parties on its own or may even direct the plaintiff to do so.
Mis-joinder: Mis-joinder means joinder of a party who should not have been joined either as plaintiff or as defendant. It can be said that it is an unnecessary party to the suit. This also may indicate a situation where parties are wrongly impleaded, i.e. plaintiff is impleaded as defendant and vice-versa. As opposed to non-joinder, in case of a mis-joinder, a suit can not be dismissed.
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