Non-joinder of parties for declaration suit
praveen
(Querist) 14 November 2014
This query is : Resolved
Foreclosure suit was initiated by Mortgagee for declaring him as absolute owner in possession for more than 30 years from the date of mortgage.
The mortgagee(Mother aged about75 years.Orginal mortgagee father died) has 4 sons. However, the suit for declaration was brought by only by second son.
The RTC for the property claimed is in the name of Mortgagee(mother).
Can this suit be considered as bad for non-joinders of necessary paries?
Devajyoti Barman
(Expert) 14 November 2014
Yes, it is bad for non joinder of party.
praveen
(Querist) 14 November 2014
Thanks you sir.
I am not having any background of full legal implication and i am in the process of change my advocate.
Since the suit is already in evidence statge.Can we submit a IA to declare this suit as bad for non-joinders of necessary party without continuing evidence and other arguemnts.
My advocate did not raise this point initially when suit was filed. What is the implication of this at this stage
Devajyoti Barman
(Expert) 14 November 2014
Now it is too late.
Have you mentioned this in your pleading?
If yes then take this plea during final argument.
Rajendra K Goyal
(Expert) 15 November 2014
Consult local lawyer and show him full case file.
ajay sethi
(Expert) 15 November 2014
since suit is at evidence no IA will be entertained by court now . raise issue in argument stage
Dr J C Vashista
(Expert) 16 November 2014
Are you plaintiff or defendant in the suit? You have mentioned the suit was instituted by second son, subsequently you are mentioning my advocate did not mention this point at the time of filing the suit.
Something confusing/ vital information missing from the contents of the query.
T. Kalaiselvan, Advocate 
(Expert) 17 November 2014
The author meant to say that his advocate did not point out this lacuna at the time of entering appearance (?), well it is my guess. If so, as experts rightly observed, an IA for declaring the suit as bad for non joinders of necessary parties at this stage may not be entertained by court hence the issue can be raked up during argument.
