Decree in presence of misjoinders.
Balasubramanian
(Querist) 15 August 2012
This query is : Resolved
Consent terms were signed between the petitioner and defendant in a civil suit.defendants family members were also added intentionally towards the setttlement,who were not parties to the suit and their signatures were also obtained on the consent terms.The judge held the consent terms improper.Can't the Judge pass a decree ignoring other defendants as misjoinders?
Devajyoti Barman
(Expert) 15 August 2012
At the time of compromise some other property with the suit property may be added but not a new party can be made signatory to the compromise petition.
The court is right, remove the anomaly as afar as new parties are concerned.
JANAK RAJ VATSA
(Expert) 17 August 2012
parties not in the suit cannot be joined in the comp agrreement as rightly observed by the court
prabhakar singh
(Expert) 17 August 2012
"Can't the Judge pass a decree ignoring other defendants as misjoinders? "
DO YOU REALLY UNDERSTAND WHAT MISJOINDER IS?
COURT'S OBJECTION IS CORRECT.IF THE COMPROMISE WAS TO BE SIGNED BY THOSE FAMILY MEMBERS PLAINTIFF SHOULD HAVE SOUGHT THEIR JOINDER BY AMENDMENT IN PLAINT.
