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KAMAL DAS   30 March 2024

Non joinder of necessary party

Hello members,

I am currently facing an issue. I filed a suit against A, B, and C for the recovery of possession of a piece of land. My suit was dismissed on merits by the Munsiff Court and the District Court. I believe both courts made errors in evaluating the evidence. Additionally, I feel my lawyer did not represent me well and failed to provide good legal advice.

I have taken my case to the High Court through a second appeal. I consulted a senior advocate to argue my case. He advised me that the Panchayat was also a necessary party in the suit. He mentioned that the lower courts had overlooked this fact, and if it had been noticed, the suit might have been dismissed on the grounds of non-joinder of the Panchayat.

My concern is, if the High Court finds that a necessary party was not joined, will it dismiss the suit? What will happen to my rights? Will I be able to cure the defect? If dismissed, will I be able to file a fresh suit, or is there a bar? What can I do?can high court remand the case?

It is disheartening to think that my suit might be dismissed, resulting in the loss of my property. It would be a great injustice.


 10 Replies

Vishesh Jain   30 March 2024


i understand your concern. please contact me to give you a best possible advice. 

my contact info is provided in the bio of my linkedIn id - www.linkedin.com/in/advocate-vishesh-jain

T. Kalaiselvan, Advocate (Advocate)     30 March 2024

Like any other client, you too are blaming your advocate because the trial court dismissed your suit for not properly advising.

However as the matter is pending before high court no further comments can be made.

It is not known that why the panchayat should have been impleaded as a necessary party to the suit 

KAMAL DAS   31 March 2024

SIR i want to know whether high court is empowered by law that is cpc to do some justice or is it completely powerless under cpc?

Dr. J C Vashista (Advocate )     31 March 2024

You have not explained locus standi of Panchayat in the suit property, which cannot be presumed to form proper opinion and oblige.

Second appeal u/s 100 CPC has to frame and decide substantial question of law involved in the case, which cannot decide to direct / decline impleadment of a party even if it is a necessary party to decide the dispute.

You have stated to have engaged a Senior Lawyer in High Court, who is well versed with facts and law applicable in the case. 

Besides this, s/he (Senior Lawyer) may be better knowledgable then most of the experts on this platform, in such circumstances why do you wish to take our advise on this platform ?

KAMAL DAS   01 April 2024

actually i am scared to ask him . I may not understand what he might say . He is senior and very old and and he told me he will take care of rest so i have little hesitation to ask him

T. Kalaiselvan, Advocate (Advocate)     01 April 2024

You can get limited opinions only from forums like this because nobody has seen the case related papers nor anyone knows the history of the case except your brief narration devoid of details.

Hence you may have to depend on your lawyer and if he's not cooperating then you can change the lawyer.

Dr. J C Vashista (Advocate )     03 April 2024

In such circumstances it is better to change your lawyer, irrespective of the fact that s/he is very senior / experienced and well read.

KAMAL DAS   05 April 2024

Sir please help me I just need an answer to this specific question

"can high court allow permission to file a freshsuit on the ground of non joinder of necessary party?" is it permissible in law(cpc) 🙏

T. Kalaiselvan, Advocate (Advocate)     06 April 2024

A suit is to be filed in the district court or sub ordinate court within jurisdiction.

Hence there's no necessity to file a permission petition before high court to file a suit before the lower court.

You can consult any other lawyer of your choice either from this platform or outside and clarify the details properly before venturing into your new thoughts.

Dr. J C Vashista (Advocate )     07 April 2024

In case the suit has been dismissed for non-joinder of necessary party, move in appeal through a local prudent lawyer.

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