Additional grounds in first appeal

Rastogi (Querist) 15 August 2015 This query is : Resolved
Can non-joiner of necessary parties be raised during first appeal stage?

During trial court this point was not raised.

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Chanchal Nag Chowdhury (Expert) 15 August 2015
Yes. Check Order 41 Rule 2 CPC.

R.K Nanda (Expert) 15 August 2015
no, u cannot raise this objection in appeal.

Rajendra K Goyal (Expert) 15 August 2015
Academic query, state facts.

pawan sharma (Expert) 16 August 2015
This was state on the first instance not at the Appeal level. If the objection was taken then be again taken in Appeal (See Section 21 CPC)

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