ABSTRACT

In civil suits, there may arise a situation wherein it may be realised that in addition to the
existing parties in the suit, there may be persons whose presence may be material to
effectively determine the questions arising from the subject-matter of the suit. Such
situations are rectified by “joinder of parties” either upon application by an existing party to
the suit or suo motu by the court. The concept of “joinder of parties” includes non-joinder
and misjoinder of parties to a suit and means the inclusion or exclusion of particular persons
in a suit.

The powers granted to a court regarding joining of parties are very wide and extensive as
provided under Rule 9 Order I of Code of Civil Procedure 1908:“No suit shall be defeated by
reason of the misjoinder or nonjoinder of parties, and the Court may in every suit deal with
the matter in controversy so far as regards the rights and interests of the parties actually
before it provided that nothing in this rule shall apply to non joinder of a necessary party.”
The doctrine of necessary and proper parties becomes eminent when determining this
question of joinder or non-joinder of parties.

A misjoinder of parties is not fatal to the suit. It is only a remedial defect even if the court
has not deleted the parties or even if such defect is not cured, the decree or order would be
valid and would not be liable to be reserved or substantially varied. In the case of a
nonjoinder, if a necessary party is not joined, its absence shall be fatal to the suit and it will
be liable to be dismissed. The decree passed in absence of a necessary party will be nullity
and void, being violative of principles of natural justice. Whereas if a proper party is not
joined, the suit will not fail, but the court will decide the suit as it stands and its outcome
shall not bind the party.

This project aims to introduce the concepts of misjoinder and non-joinder of parties; draw
the distinction between necessary and non necessary parties; provide a summary of the
legal provisions relating to mis-joinder and nonjoinder of parties and present the legal
consequences and effect of mis-joinder and nonjoinder of parties along with appropriate
judicial interpretation.