Joinder, Mis-joinder and non-joinder

A civil suit is where a party files a plaint in the court of law for claiming rights or to solve a dispute or to adjudicate on issue. And the suit is always between two parties, plaintiff and the defendant. However there can be as many plaintiffs or defendants, so the persons involved in the suit plays a key role as either plaintiff or defendant. However the parties to the suit are solely depends on the plaint initiated by the plaintiff as who are the parties and the relief sought for. In such plaint/suit the plaintiff has to add the all the necessary parties to the suit. There after the question of necessary and non necessary parties is to be determined.

The necessary parties are those who should be present, in order to make the decree or order and also the relief sought is to be enforced them effectively. In case of failing to add the necessary parties, the court may dismiss the suit since there won’t be any good on adjudicating without the necessary parties and the relief won’t bind on any rather lost in vein. However the non-necessary parties are those added for irrelevant purposes and hence; no relief or claim can been made on them. So, the existence of the necessary parties in a suit plays a extremely vital role upon the adjudication as well as the effectiveness of decree/order.

Further; the CPC deals with misjoinder and non-joinder in the Order I. As aforesaid there won’t be any problem in regard to the non-necessary parties; however the necessary parties should be there in a suit and the concept of misjoinder and non-joinder always rest upon the necessary parties. In simple words we can say that, Joinder means adding a party to the suit irrespective of necessary or non- necessary parties.