In civil litigation, the inclusion or exclusion of parties significantly impacts the adjudication process. The Code of Civil Procedure, 1908 (CPC), provides a comprehensive framework governing the joinder, non-joinder, and misjoinder of parties to ensure effective and just resolution of disputes.

1. MEANING AND DEFINITIONS

• Joinder of Parties: The inclusion of multiple parties—plaintiffs or defendants—in a single suit, provided their claims or liabilities arise from the same transaction or series of transactions and involve common questions of law or fact.

• Non-Joinder of Parties: The omission to include a person who is a necessary or proper party to the suit.

• Misjoinder of Parties: The incorrect inclusion of a party in a suit who has no substantial connection to the matter in dispute.

2. LEGAL PROVISIONS UNDER THE CODE OF CIVIL PROCEDURE, 1908

• Order I Rule 1: Allows multiple plaintiffs to join in one suit if they assert any right to relief arising from the same act or transaction and if any common question of law or fact would arise.

• Order I Rule 3: Permits multiple defendants to be joined in one suit if the right to relief against them arises from the same act or transaction and if any common question of law or fact would arise.

• Order I Rule 9: States that no suit shall be defeated by reason of misjoinder or non-joinder of parties, and the court may deal with the matter in controversy so far as regards the rights and interests of the parties actually before it. However, this rule does not apply to non-joinder of necessary parties.

• Order I Rule 10(2): Empowers the court to add or strike out any party at any stage of the proceedings if their presence is necessary for effectively adjudicating upon and settling all questions involved in the suit.

3. NECESSARY AND PROPER PARTIES

• Necessary Parties: Individuals whose presence is essential for the court to effectively and completely adjudicate upon the matter. Without their inclusion, no effective decree can be passed.

• Proper Parties: Individuals who, though not essential to the suit, have an interest in the subject matter and whose presence may facilitate the complete adjudication of the dispute.

4. CONSEQUENCES OF NON-JOINDER AND MISJOINDER

• Non-Joinder of Necessary Parties: Can lead to the dismissal of the suit, as any decree passed in their absence may be ineffective.

• Misjoinder of Parties: Generally, a suit is not dismissed solely due to misjoinder. The court may proceed with the existing parties or order the misjoined party to be struck out.

5. JUDICIAL INTERPRETATIONS

• In K. Kamaraja Nadar v. Kunju Thevar, the Supreme Court held that in an election petition, all candidates are necessary parties, and non-joinder of any candidate is fatal to the petition.

• In Ruma Chakraborty v. Sudha Rani Banerjee, the court observed that a suit cannot be dismissed solely on the ground of misjoinder or non-joinder of parties, except in cases involving necessary parties.

6. PROCEDURE FOR ADDRESSING NON-JOINDER AND MISJOINDER

• Objections: Should be raised at the earliest opportunity, preferably in the written statement.

• Court’s Discretion: Under Order I Rule 10(2), the court can suo motu or upon application add or strike out parties to ensure effective adjudication.

7. DISTINCTION BETWEEN NECESSARY AND PROPER PARTIES

8. CASE LAWS ILLUSTRATING NON-JOINDER AND MISJOINDER

• Non-Joinder:

  • Devaraj Bharath Bhushan vs. K. Moorthy: The court emphasized that non-joinder of a necessary party is fatal to the suit.

• Misjoinder:

  • Sri. P. Kumaran vs. Sri. V. Ramaswami: The court held that misjoinder of parties does not per se lead to dismissal; the court can proceed with the matter concerning the rights and interests of the parties present.

9. PRINCIPLES GOVERNING JOINDER OF PARTIES

• The right to relief must arise out of the same act or transaction.

• There must be a common question of law or fact.

• The inclusion should not lead to embarrassment or delay in the proceedings.

10. EXCEPTIONS TO THE GENERAL RULE

• In cases where a statute mandates the inclusion of specific parties, non-joinder can be fatal.

• In representative suits under Order I Rule 8, one person may sue or defend on behalf of all interested parties, provided the court grants permission.

11. DOCTRINES AND MAXIMS

• Doctrine of Non-Joinder and Misjoinder: Ensures that all necessary parties are before the court to prevent multiplicity of suits and conflicting decisions.

• Maxim: “Actio personalis moritur cum persona” (A personal right of action dies with the person) does not apply in cases where the cause of action survives the parties involved.