Whether a plea of non-joinder falls within the scope of Order 6 Rule 5 of Code of Civil Procedure, 1908 (hereinafter 'C. P. C.') is the sole question for determination in this petition. The petitioners were plaintiffs in a suit filed in the Court of Munsiff against the order passed by the Sub-Divisional Officer in a perfect partition case. As some of the recorded owners were dead at the time of filing of the suit, their legal representatives were made proforma defendants. The main defendants, being defendant Nos. 1 to 3 filed written statement wherein one of the plea taken was that the suit was bad for non-joinder of all the heirs of the recorded owner. On the aforesaid pleading in the written statement, an issue was also framed -Whether the suit is bad for non-joinder of all the heirs of the re­corded owners.

2. The plaintiffs thereupon filed a petition under Order 6 Rule 5 of the C. P. C. praying for a direction to the main defendants to supply the names and addresses of the heirs of the deceased recorded owners who according to them had not been joined as parties, f he petition was objected to by the defendants. The learned Munsiff by order dated 26. 4. 82 dismissed the petition

Click Here to Read the rest of this document