What is non-joinder of parties CPC?
Non-joinder of parties refers to a situation in which those parties whose presence is essential and in whose absence no effective decree can be passed by the court have not been impleaded. They are those parties who should have been joined under Order 1, Rule 10 (2) of the Code.
Are joint tortfeasors necessary parties?
Joint tortfeasors are not necessary parties. . . . A defendant’s potential loss in a subsequent suit for contribution against the absentee does not subject it to multiple liability under the compulsory party joinder rule. . . .
Is Impleader compulsory?
An impleader is a procedure that occurs when a defendant files suit against a third party; someone they think to be responsible for any or all damages the plaintiff is claiming. If submitted on time, the case becomes compulsory; the court must allow the impleader.
When the court can dismiss a suit for non-joinder of a 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.
Is the right of joinder unlimited?
1. Recent development, both in code and common law states, has been toward unlimited joinder of actions.
What do you mean by joinder of parties?
The union in one lawsuit of multiple parties who have the same rights or against whom rights are claimed as coplaintiffs or codefendants. The combination in one lawsuit of two or more causes of action, or grounds for relief. At Common Law the acceptance by opposing parties that a particular issue is in dispute.
What is motion to join parties?
What is a Motion for Joinder / to Join? A plaintiff must join as parties to the action all persons whose interests are so directly involved that the court cannot render a fair adjudication in their absence.
How do I join a necessary party?
In order to identify an indispensable party, you should read the rules of civil procedure for your court. In order to join a party, you need to draft a motion and file it with the court. Then you will need to argue your motion before the judge after the other side files any motion in opposition.
