Framing of preliminary issue

krishna (Querist) 24 July 2016 This query is : Resolved
can court frame preliminary issue of misjoinder for MR A at the instance of MR. B when mr a has not file ws ?

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R.K Nanda (Expert) 24 July 2016
State full facts.

Devajyoti Barman (Expert) 24 July 2016
This issue does not fulfil the criteria of order 14 rule 2 of cpc and hence no preliminary issue can be framed on this issue.

P. Venu (Expert) 25 July 2016
Please state the material facts.

Rajendra K Goyal (Expert) 25 July 2016
Casual query may not solve the problem, it is better, state material facts and / or discuss with some senior lawyer in the field for guidance / clarify your doubts.

krishna (Querist) 25 July 2016
Thank you for reply to all experts.

our suit is for possession & There are Government officials are party to the suit & one defendant who is in possession of property has filed application under section 9a of cpc to frame preliminary issue of misjoinder & sufficient cause.
Third party has filed ws & claimed that Government officials are misjoinder of parties. but Government official appeared before the court through state Govt. lawyer & chose to not to file ws.

In this case, can court frame issue that whether government officials are necessary party or not?