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Adv. Subhadeep Saha (Lawyer.)     20 February 2011

Appeal or revision?

In my case suit has been dismissed on the ground of non-joinder of necessary party. But that party actually was not necessary party,rather he was a proper party. Kindly advise me whether I have to file appeal against this order or revision. Plz refer the appropriate provision of CPC. Is there any other remedy?


 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 February 2011

Suit is dismissed so appeal lies.

Uma parameswaran (lawyer)     20 February 2011

Appeal remedy is there.

vinay m. kulkarni (Advocate)     20 February 2011

As the dissmisal of suit on merit ,its a appealable decree u/s 96 r.w. order 41 rule 1 of c.p.c. More over court can not dismiss a suit on the ground of necessary party unless court calls upon the plaintiff to add the necessary party and plaintiff fails to comply.

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