What does misjoinder of parties mean?
improper joining of
The improper joining of a party to a criminal or civil lawsuit. Thus, a party is misjoined if the alleged claim against them does not arise out of the same transaction or occurrence as other defendants, and there are no common questions of law or fact.
What is misjoinder of parties CPC?
B. Misjoinder of parties means a joinder of a party who ought not to have been joined either as a plaintiff or as a defendant. In other words, it refers to impleading an unnecessary party. It may also refer to a situation in which a plaintiff is impleaded as a defendant and vice-versa (party wrongfully impleaded).
How do misjoinder of parties and non-joinder of parties affect the suit?
Rule 9 of Order 1 lays down that no suit shall be defeated by reason of misjoinder or non- joinder of parties. On the other hand, where a person, who is necessary or proper party to a suit has not been joined as a party to the suit, it is a case of non-joinder.
Who are the various parties in suit?
Plaintiffs and Defendants are two parties to the suit but there can be multiple plaintiffs and defendants and then there will be question of joinder of parties. It may be joinder of plaintiffs (O.I R. 1) or it may be joinder of defendants (O.I R. 3).
What does Implead mean?
Legal Definition of implead : to bring into a lawsuit specifically : to bring (a third party who is or may be liable to the plaintiff or defendant) into a suit — compare interplead, intervene, join. History and Etymology for implead.
What do you mean by parties to suit?
A person is party to a suit if there is a cause of action against him. The cause or the set of events or circumstances which leads or resulted into presentation of a plaint or filing a suit. –
What is the effect of non joinder of necessary party?
To sum up, in the case of non-joinder of necessary parties the Court cannot pass an effective decree in their absence. In such a case, the suit cannot proceed and is liable to be dismissed if the plaintiff on being provided with an opportunity to amend the plaintiff refuses to do so.
When is a case of Misjoinder and non joinder of parties?
However, this rule does not apply to cases where there is a non-joinder of necessary party. If two or more persons are joined as plaintiffs or defendants in one suit in contravention of order 1, Rules 1 and 3 respectively and they are neither necessary nor proper parties, it is a case of misjoinder of parties.
Is the Misjoinder of parties fatal to the suit?
In other words, misjoinder of parties is not fatal to the suit. It is mere irregularity covered by sections 99 and 99-A of the Code.
Can a suit be dismissed on the ground of non joinder of parties?
A suit is not to be dismissed only on the ground of non-joinder or misjoinder of parties. The Court may allow the necessary parties to be joined, in at a later stage. The Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.
Can a case be a Misjoinder of plaintyiffs and cause of action?
If the plaintiffs are not jointly interest in all the cause of action, the case is one of misjoinder of plaintyiffs and cause of action. The objection on the ground of misjoinder of plaintiffs and causes of action should be taken at the earliest opportunity. [ 14] Misjoinder of defendant and causes of action : Multifariousness