Non Joinder of necessary parties in partition suit.

allurisivajiraju (Querist) 05 February 2009 This query is : Resolved
Respected Seniors,

In a Partition suit, in the plaint some of the necessary parties to the suit are not added as parties by the PLintiffs.

Then the defendants taken a defence in their written statement about the non joinder of necessary parties to the suit.

Then Hon'ble Court framed issues exect the non joinder of necessary parties. Immediately the Defendants filed a petition to frame as issue about non joinder of necessary parties to the suit and the said petition was allowed by the Court.

In this case I am appearing for defendants.

In the above circustances is there any chance to dismiss the suit without conducting trial by Hon'Court since the plaintiffs are intentionally not mentioned their own family members as necessary parties to the suit?

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PALNITKAR V.V. (Expert) 05 February 2009
The issue of necessary parties is very important. But it depends on facts of the case as to whether suit should be dismissed in limine or the issue should be tried and decided with main suit. No hard and fast rule can be laid down about it. There are rulings to the effect that if the other family members are duly represented and no prejudice is caused then the non joinder is not fatal. The courts are not inclined to dismiss the suit without trial. Generally, the isssue is tried with main suit.

R.S.Rajesh (Expert) 05 February 2009
Further, the judgement is not binding on the persons/heirs who are not parties to the suit and the partiton can be reopened at any time.The suit may not be dismissed, unless the court feels that the persions who are not made parties to the suit are necessery parties for judgement or to decide the case on merrits.

smilingadvocate (Expert) 05 February 2009
In a partition suit all the share holders are necessary parties if any one ofthe parties arenot made as a party the suit is ought to be dismissed as there will not proper adjudication of the shares and without the necessary parties the lis cannot be come to an end
Hence the non joinder of the necessary parties to the case is fatal to the case.

M. PIRAVI PERUMAL (Expert) 05 February 2009
Non-joinder of necessary parties in a partition suit will prove fatal and create multiplicity of litigations. The Court shall not be in a position to adjudicate the case properly. If you are defendant you can file a memo in the Court stating that the just and necessary parties have not been arrayed as a defendant along with documentary proof. In such circumstances the Court may order the plaintiff to implead them as parties to the suit. A preliminary issue can be raised by you.