The question of joinder of parties may arise either in relation to the plaintiffs or the defendants. Where an act is committed by or affects only a single individual, the issue of joinder does not arise. Joinder becomes relevant when an act is done by multiple persons or affects multiple individuals. Under Rule 1 of Order 1, all such persons may be joined in one suit as plaintiffs if they fulfill certain conditions.

Rule 9 of Order 1 provides that no suit shall be defeated due to the misjoinder or non-joinder of parties, except in cases involving the non-joinder of a necessary party. Order 1 of the Code of Civil Procedure, 1908, covers the parties to a suit and includes provisions related to the addition, deletion, substitution, joinder, misjoinder, and non-joinder of parties.

A misjoinder occurs when individuals who are neither necessary nor proper parties are joined contrary to Rules 1 and 3 of Order 1. Non-joinder, on the other hand, involves the omission of a necessary or proper party. Generally, suits are not dismissed solely on the basis of misjoinder or non-joinder of parties.

Misjoinder may occur where persons with separate causes of action file a joint suit. However, it is not a misjoinder if multiple defendants are sued and a common question of law or fact would arise in separate suits. Misjoinder of defendants and causes of action may result in multifariousness.

In non-joinder cases, the key distinction lies in whether the absent party is necessary or merely proper. A suit may be dismissed if an effective decree cannot be passed without the presence of a necessary party.

Section 99 CPC affirms that no decree shall be reversed or remanded in appeal due to misjoinder or non-joinder unless it affects the merits or jurisdiction, with an exception for the non-joinder of necessary parties.

RELEVANT PROVISIONS:

• Section 99

• Order 1, Rules 1-13

• Rule 9: Misjoinder and Non-joinder

• Rule 13: Objections as to non-joinder or misjoinder

JOINDER OF PARTIES:

1. JOINDER OF PLAINTIFFS:

• Rule 1: Plaintiffs may be joined where a right to relief arises from the same act or transaction and common legal or factual questions arise.

• Rule 2: Court may order separate trials if joinder may delay or embarrass proceedings.

2. JOINDER OF DEFENDANTS:

• Rule 3: Defendants may be joined on similar grounds as plaintiffs.

• Rule 3-A: Court may order separate trials to avoid delay or embarrassment.

3. RULE 4: Court may give judgment for or against any party according to their respective rights and liabilities.

MISJOINDER AND ITS EFFECT:

1. MISJOINDER OF PLAINTIFFS: Occurs when plaintiffs lack a joint interest in the relief sought. Objections must be raised early.

2. MISJOINDER OF DEFENDANTS: Occurs when no common legal or factual question arises against multiple defendants.

3. MISJOINDER OF CAUSES OF ACTION:

• a) Plaintiffs not jointly interested in all causes of action

• b) Defendants joined separately for different causes (multifariousness)

• c) Claims based on multiple unrelated causes under Order 2

The court considers plaint averments, not later pleadings or evidence. Rule 9 ensures suits are not dismissed for misjoinder unless a necessary party is involved.

NON-JOINDER AND ITS EFFECT:

Occurs when a necessary party is omitted. Necessary parties are those without whom an effective decree cannot be passed. Proper parties may be added at any stage. Failure to join a necessary party can result in dismissal if the plaintiff refuses to amend.

Special laws may override general provisions of Rule 9. Courts have consistently held that suits may proceed without proper parties but not without necessary parties.

OBJECTIONS TO MISJOINDER/NON-JOINDER:

Per Rule 13, objections must be raised at the earliest opportunity, before settlement of issues unless arising later. Objections to non-joinder of necessary parties can be raised in appellate or revisional forums, especially if not waived.

CONCLUSION:

Joinder rules exist to consolidate disputes involving common issues. Misjoinder and non-joinder generally do not defeat suits, except where necessary parties are missing. Courts focus on delivering effective and enforceable judgments and may allow amendment or addition of parties to ensure justice.

Rule 10: Court's Power to Strike or Add Parties:

• Rule 10(1): In cases of bona fide mistake in naming the plaintiff, court may substitute the correct party.

• Rule 10(2): Court may add any person as plaintiff or defendant at any stage if it deems fit for the effective adjudication of the case.