Case laws favoring petitioner for non joinder of the parties
yogesh
(Querist) 30 October 2009
This query is : Resolved
Dear Sir,
Please provide me the case laws which has favoured the petitioner for nonjoinder of the affected parties??
Regards
H. S. Thukral
(Expert) 30 October 2009
Suit for non-joinder of parties shall not be defeated provided the the non joinder is of a necessary party. A suit for recovery of rent impleading few of legal heirs of the deceased tenant is maintainable where as suit for redemption of mortgage without impleading all legal heirs despite objections, shall be bad for nonjoinder.
To provide you case laws, facts of your case are relavant.
Raj Kumar Makkad
(Expert) 31 October 2009
In case some affected party has not been joined, the decree/order/judgment, if passed at is back, shall not affect the status of such party and cannot be executed against him.
Sachin Bhatia
(Expert) 31 October 2009
If decree has been passed and affected party has not been joined in the suit then it shall not affect the status of such party.
Mention some facts of your case, so that appropriate case law has been referred.
yogesh
(Querist) 31 October 2009
The facts relates to infringement of fundamental rights of an individual who has denied appointment by the employer despite of being empanelled by the selection committee. Here the employer has filed in reply that the plaint may be dismissed on the account of non joinder of necessary and proper parties
I have accessed to judments in SLJ If I get the citations of SCC or of AIR given by the Hon'ble Supreme Court That's will be grateful
Regards
