Decree in presence of misjoinders .
Balasubramanian
(Querist) 15 August 2012
This query is : Resolved
CONSENT TERMS WERE SIGNED BETWEEN THE PETITIONER AND THE DEFENDANT IN A SUIT.New defendants were also added purposely who were the family members of the defendant.they also signed on the consent terms.the judge held consent terms improper.no decree is passed because of this.Is the judge right holding consent terms improper?,could not he pass a decree ignoring other parties stating they are misjoinders?
PARDEEP KUMAR
(Expert) 16 August 2012
Details insufficient, however, on the basis of whatever, you have mentioned, Yes, the judge can hold the consent terms improper, If there is even a single party, claiming suit bad for mis-joinder and if the contention hold good, is supported with evidence, the Court can not pass a degree, ignoring the hard fact. However, if there are proper and necessary parties and only one or some party claiming itself a misjoinder, Court can pass a decree as regard to the proper and necessary parties.
Balasubramanian
(Querist) 17 August 2012
Sequel to Mr.Pradeep Kumar's message,I would like to clarify that the parties to the suit never objected to the family members being joined as defendants at the time of filing the consent terms.the new defendants joined voluntarily.applying the rule of res judicata can not the Judge pass a decree holding it relevant only to the parties concerned,in this case petitioner and the defendant.Further the lawyers on record mentioned to the court to treat the other family members to as witnesses,but the Judge is adamant.Can you suggest a case law to overturn the judge's contention........regards,NVB.
