Joinder, Mis-joinder and non-joinder

 · 2 mins read

A civil suit is where a party files a plaint in the court of law for claiming rights or to solve a dispute or to adjudicate on issue. And the suit is always between two parties, plaintiff and the defendant. However there can be as many plaintiffs or defendants, so the persons involved in the suit plays a key role as either plaintiff or defendant. However the parties to the suit are solely depends on the plaint initiated by the plaintiff as who are the parties and the relief sought for. In such plaint/suit the plaintiff has to add the all the necessary parties to the suit. There after the question of necessary and non necessary parties is to be determined.

The necessary parties are those who should be present, in order to make the decree or order and also the relief sought is to be enforced them effectively. In case of failing to add the necessary parties, the court may dismiss the suit since there won’t be any good on adjudicating without the necessary parties and the relief won’t bind on any rather lost in vein. However the non-necessary parties are those added for irrelevant purposes and hence; no relief or claim can been made on them. So, the existence of the necessary parties in a suit plays a extremely vital role upon the adjudication as well as the effectiveness of decree/order.

Further; the CPC deals with misjoinder and non-joinder in the Order I. As aforesaid there won’t be any problem in regard to the non-necessary parties; however the necessary parties should be there in a suit and the concept of misjoinder and non-joinder always rest upon the necessary parties. In simple words we can say that, Joinder means adding a party to the suit irrespective of necessary or non- necessary parties.

MisjoinderNon- Joinder
When mistakenly a party was added to the suit is misjoinder. That means when a party was added but he doesn’t have to do anything with the present issue then it considered to be misjoinder.When a party is necessary to the suit and he was not added to the suit, then it is a non-joinder.
In case of misjoinder the court should not dismiss the suit rather; may order in such kind as the order not bind on the misjoined party and the relief should be sought only upon the respective necessary party.When the court found about the non-Joinder of the party who are necessity to the suit, and adjudicating on such matter without them is a matter of waste, then the court can dismiss the suit, or may order the plaintiff to add the necessary parties or may add the party on their own.
There is no possibility of dismissal, since it won’t much affect the interest of the party at large.There is a possibility. Of dismissing the suit, in respect to the effectiveness of the decree/order.