Non-joinder of parties:
Where a person who is a necessary party to a suit has not been joined as party to the suit, it is a case of non-joinder. A suit should not be dismissed on the ground of non-joinder.
A distinction has to be drawn between the non-joinder of a person who ought to have been joined as the party and the” non-joinder of a person whose joinder is only a matter of convenience or expediency.
If the decree cannot be effective without the absent parties, the suit is liable to be dismissed. In cases where the joinder of a person as party is only a matter of convenience, the absent party may be added or the suit may be tried without him.
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Misjoinder:
ADVERTISEMENTS:
Where there are more plaintiffs than one and they are joint together in one suit, but the right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions alleged to exist in such persons does not arise Out of the same act or transaction and if separate suits were brought no common question of law or fact would arise, it is a case of misjoinder of plaintiffs.
Misjoinder of defendants takes place when two or more persons are joined as defendants in the suit but the right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions alleged to exist against such persons does not arise from the same act or transaction and there is no common question of law or fact.
Similarly, a misjoinder of plaintiffs and causes of action take place where in a suit there are two or more plaintiffs and two or more causes of action, but the plaintiffs are not jointly interested in all the causes of action.
ADVERTISEMENTS:
A misjoinder of defendants and causes of action take place where in a suit there are two or more defendants and two or more causes of action, but different causes of action have been joined against different defendants separately.
Order 1, rule 13, provides that all objections on the ground of non-joinder or misjoinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived.
Multifariousness:
Misjoinder of parties and causes of action in a suit is technically called multifariousness. Where in a suit there are two or more defendants and two or more causes of action, the suit will be bad for misjoinder of defendants and causes of action, if different causes of action are joined against different defendants separately.
The joinder of such separate causes of action and separate defendants makes the suit bad for multifariousness. The objection on the ground of multifariousness should be taken at the earliest opportunity and any objection not so taken shall be deemed to have been waived.
