Hello members,
I am currently facing an issue. I filed a suit against A, B, and C for the recovery of possession of a piece of land. My suit was dismissed on merits by the Munsiff Court and the District Court. I believe both courts made errors in evaluating the evidence. Additionally, I feel my lawyer did not represent me well and failed to provide good legal advice.
I have taken my case to the High Court through a second appeal. I consulted a senior advocate to argue my case. He advised me that the Panchayat was also a necessary party in the suit. He mentioned that the lower courts had overlooked this fact, and if it had been noticed, the suit might have been dismissed on the grounds of non-joinder of the Panchayat.
My concern is, if the High Court finds that a necessary party was not joined, will it dismiss the suit? What will happen to my rights? Will I be able to cure the defect? If dismissed, will I be able to file a fresh suit, or is there a bar? What can I do?can high court remand the case?
It is disheartening to think that my suit might be dismissed, resulting in the loss of my property. It would be a great injustice.
