Non-joinder of a necessary party is a fatal defect that renders a suit liable to be dismissed.

This appeal has been filed against the judgment dated 14.10.93 passed by learned Assistant District Judge, Hailakandi in Title Suit No.44 of 1993. As many as 33 persons filed a suit praying the following reliefs :

"(a) Declaring that the plaintiffs are eligible and entitled to be promoted to the upper supervisory pay scale of Rs.2150-3850 PM of the 2 Tier clubbed posts with all requisite benefits as per the existing Corporation Rules from the existing lower supervisory pay scale of Rs.2000-3440 PM.

(b) declaring that the plaintiffs are entitled to get proper house rent, annual increments and leave benefits for the existing post of service with retrospective effects i.e. 1.1.87 as other non technical promotee supervisors of the Corporation on the same pay scale.

(c) declaring that the non submissions of the names of the eligible plaintiffs for due recommendation for promotion, batch by batch, in the DPC session held in the year 1990-91-1992 respectively under the initiative of the defendant Nos.1 and 2 are illegal, void unconstitutional and repugnant to the natural justice and violation of Corporation Rules and further a direction to the defendant Nos. 1 and 2 to submit the seniority list of the plaintiffs in the current DPC session 1992 for recommendation of the names of plaintiffs for promotions to the next higher pay scale with effect from the dates of previous respective dates of promotion from workman to the lower supervisory pay scale, without hampering and interfering the plaintiffs in their respective peaceful services within a period to be prescribed by the Court.

(d) declaring that the ambiguous order issued from the office of defendant No.2 dated 1.8.91 respecting counting of seniority status of the plaintiffs from the date of redesignation dated 1.8.91 is illegal, void, unconstitutional, ineffective and repugnant to the Corporation Rules and Tripartite Settlement dated 27.6.91. and directing the defendants to follow up and implement the departmental relevant rules and enforce the decisions of Trapartite Settlements for the due promotion of the plaintiffs and its genuine privilage within a period to be prescribed by the Court.

(e) issue temporary/permanent mandatory injunction against the defendant Nos.1 and 2 from publishing the result of DPC session 1992 scheduled to be published on 1.7.92, until further orders and directing the defendant Nos. 1 and 2, to prepare and submit a seniority list of the plaintiffs to the current DPC session of 1992 for recommendation of their due promotion with retrospective effect and publish the result withiira time to be prescribed by this Court."

2. In this suit the fallowings are the defendants :

(i) The Executive Director, Hindustan Paper Corporation Ltd, Cachar Paper Mill, PO Panchgram, Dist Hailakandi.

(ii) The Deputy General Manager (P and A) Hindustan Paper Corporation Ltd, Cachar Paper Mill, PO Panchgram, Dist Hailakandi.

(iii) The Chairman-cum-Managing Director, Hindustan Paper Corporation Ltd, Buby Building, 75-C, Park Street, Calcutta - 700016, West Bengal.

3. A written statement was filed denying the allegations made in the plaint and specifically a plea was taken in paragraph 4 of the written statement, that the suit is highly bad for non joinder of parties.

4. As many as 8 issues were framed. But the issue of non-joinder was not framed and/or taken up. Witnesses were examined and a large number of documents were exhibited and the learned Assistant District Judge decreed the suit, inter alia as follows :

"(a) That the plaintiffs are entitled to get the upper supervisor pay scale immediately after the date of their completion of two years services in the lower supervisory scale, individually. The plaintiffs are entitled to get all the benefits ancillary to lower supervisory scale and upper supervisory scale in respect of house rent, annual increments, leave benefits, etc as per rules since their joining in the lower supervisory scale. Discrimination hi the matter of g