Regarding non-joinder of the parties

yogesh (Querist) 09 November 2009 This query is : Resolved
If the petifiles the petition against the organisation can the respondents seeks defence on this ground that the current application may be dismiss on this ground due to the failure of impleadihe necessary and proper parties?
If the petitioner says that his funamental righrts have been infringed and he is making the relief only against the organisation and not against any individual

Can this defence be overruled??

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G V S Jagannadha Rao (Expert) 09 November 2009
If a case is filed against a wrong person of the defendant is not properly described,he can certainly plead that the description of the defendant is wrong.

Whatever be the relief claimed, the case should be filed against the correct persons and the defendant should be described properly, failing which the case would fail.

Raj Kumar Makkad (Expert) 09 November 2009
No case is dismissed merely on the ground that of non-joinder of necessary parties rather the relief can be confined to only against the role of the defendant.

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