Mis joinder and non joinder
Adv M.D.Azhar
(Querist) 08 July 2012
This query is : Resolved
sir our opponent did not joined a party who has the interest in the said property but in the appeal stage they have given the application for joining as the party we have raised a question that such application can not be given in the appeal stage he has to give such application in the beginning stage of the suit, they have also cited authorities that such application can be given at any stage of the suit, is there any against authority for non joinder the party at this stage? please reply.
R.K Nanda
(Expert) 08 July 2012
Such application can be filed at any stage of case if the presence of said party is necessary in the proper adjudication of case.
ashutosh mishra
(Expert) 08 July 2012
An appeal is continuation of a suit.If no effective judgement can be passed by court,it can add a party at any stage of the suit.
