Whether petition can be dismissed on non joinder of parties?

yogesh (Querist) 30 October 2009 This query is : Resolved
Dear Experts
Please advise whether the petition can be dismissed on the non joinder of the affected parties even his fundamental rights have been infringed??
If the individual does not want his colleagues to made his parties and also doesnot want the affected order should passed against him??
Reagards

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H. S. Thukral (Expert) 30 October 2009
If the cause of action is only against the person who has infringed the right, all person need not be impleaded.

Murali Krishna (Expert) 30 October 2009
Harbhajan Singh Thukral rightly said that when right of the other person is infringed, then you have an obligation to join necessary parties. In such case non joinder of necessary parties is fatal.

When fundamental rights are involved, question of non joinder of necessary parties does not arise.

In seniority matters Supreme Court held seniority is not a fundamental right but civil right. Hence right of parties must therefore be determined in their presence.