I.A. Ansari, J.

1. When a lis is brought or a proceeding is instituted in a Court of law, desirable it is that the Court, unless the law indicates otherwise, decides the maintainability of such a lis/proceeding. Howsoever, appealing may be the case of the party bringing the matter before the Court, the Court shall, keeping its mind completely disabused from the impression that it might have formed on the merit of the case, decide the question of maintainability. If the Court finds that the proceeding is not maintainable, the proceeding must terminate without carrying out any exercise to determine the merit or otherwise of the respective cases of the parties concerned and/or ' the question as to what reliefs the parties are entitled to. This rule is, however, subject to certain exceptions, one of such exceptions being that if the proceeding cannot progress on account of omission to implead the necessary party, the Court shall give an opportunity to the person, who approaches the Court, to implead the necessary party and if, even after being afforded with such an opportunity, the person, who approached the Court, does not implead the party concerned, the proceeding must end in