Non Joinder/Misjoinder of parties
suhas digambar kharadkar
(Querist) 23 July 2010
This query is : Resolved
Mother has filed a regular civil suit against the relatives for partition /division of share in joint hindu family. Alongwith the relatives there are several parties including a developer who has entered into development agreement with the ralatives and the others. We as sons are also made as defendent ( non contesting ) total 17 defendents are there. the suit is in process and presently status qou order is given to dfenendent no 13and 14. The developer who is defendent No 17 now has filed a special civil suit for compensation of Rs 65 crores against mother ( who is palntiff in regular civil suit for partition ) and sons ( who are just defendents in regular civil suit of partition ) because of status qou order he is uanable to develop the land. The special civil suit for damages is filed against the mother and sons .
Can we contend that since the sons are no parties to regular civil suit for partition and are just defendents for partition filed by mother , and the special suit for damages is filed against mother and sons , there is misjoinder of parties and the suit is liable to be dismissed? Sons are unnecessry involved in compensation to harass them
Similarly the other relatives are defendents in regular civil suit who have entered into development agreement with builder and accepted consideration are not made party in special civil suit it is non joinder of partes and suit is liable to be dismissed ? Cna we contend that since the suit for partition is yet to be decided the subsequent suit for compensation is a premature suit and liable to be dismissed?
Your expert opinion will help me a lot .In special suit for damages thers is also an application for attachment of damages of properties. How far it is serious ? Is ther any citation/case law on non joinder/ misjoinder/premature filing of subsequent suit ?
Chanchal Nag Chowdhury
(Expert) 24 July 2010
U seem to be in a hurry to abandon your mother.
Only parties to the development agreement are liable. However,at this stage striking out your names may not be granted.
