Decree in presence of misjoinders.

Balasubramanian (Querist) 17 August 2012 This query is : Resolved
Sequel to Mr.Pradeep Kumar's answer to my query,I would like to state that the new parties added to the Defendant before filing consent terms before the Civil Judge (between the Petitioner and Defendants) were family members of the defendant like brother,sister,wife and mother.The family members volunteered to sign before the judge as they were fully satisfied with the compensation and were duly identified by the defendant's Lawyer.In fact the Defendant's lawyer suggested to the Judge to consider them as witnesses,if her ladyship does not accept their addition as Defendants,but the Judge was adamant.Is there any case law to overturn the judge's contention applying Res Judicata rules to this case...REGARDS...NVB.

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Devajyoti Barman (Expert) 17 August 2012
The judge is right, without being party to a suit no one can be party to a compromise petition to be filed in the court.

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