AI Overview...
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Non-Joinder of Necessary Party - Generally, the issue of non-joinder of a necessary party cannot be raised for the first time in a second appeal if it was not raised or objected to at the trial or first appellate stage. Courts have held that such objections are waived if not raised earlier, as seen in references G. S. Refractories VS Agrawal Brothers - Patna, Thomas VS Thiyagarajan - Madras, and Motilal VS Madan - Rajasthan.
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Abandonment in Trial Court - If the issue of non-joinder was abandoned or not contested in the trial court, it cannot be subsequently raised in the second appeal, as emphasized in JAMUNA BEHARANI VS PATARLA POLAYYA DESIBEHERA - Orissa.
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Effect of Non-Joinder - While non-joinder of a necessary party may render a suit bad or ineffective, courts have clarified that the plea must be raised at the earliest stage; raising it in second appeal is generally not permissible unless the party was unaware or the issue was not previously litigated, as per Maria Tecla Goes Pereira VS Denzyl Lobo and another - Bombay, Md. Iqbal VS State Of Bihar - Patna.
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Exceptions and Clarifications - In some cases, courts have noted that non-joinder can be considered if it affects the maintainability or the effect of the decree, but such issues are typically settled at earlier stages A. B. Raghupathy VS Amsa Gowri - Madras, Jaggarnath Singh VS Laxmi Singh - Patna.
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Summary - The prevailing legal position is that non-joinder of necessary parties is a procedural defect that should be raised at the earliest opportunity, and failure to do so results in waiver, preventing its consideration in second appeal, unless exceptional circumstances are demonstrated.
References: - JAMUNA BEHARANI VS PATARLA POLAYYA DESIBEHERA - Orissa - G. S. Refractories VS Agrawal Brothers - Patna - Maria Tecla Goes Pereira VS Denzyl Lobo and another - Bombay - Petchimuthu Konar(Died) vs S.H. Beema Beevi - Madras - Thomas VS Thiyagarajan - Madras - Md. Iqbal VS State Of Bihar - Patna - A. B. Raghupathy VS Amsa Gowri - Madras - Jaggarnath Singh VS Laxmi Singh - Patna - Thanga Sulaiksha Umma VS Nagalakshmi - Madras - Motilal VS Madan - Rajasthan
Search Results for "Non Joinder of Necessary Party can be Raised in Second Appeal"
1977 0 Supreme(Ori) 2 • India - Orissa
S.ACHARYA
The issue of non-joinder of the deity was abandoned in the trial court and could not be raised in the second appeal. ... The issue of non-joinder of the deity was abandoned in the trial court and could not be raised in the second appeal. ... OF SUIT - ISSUE ABANDONED IN TRIAL COURT - CANNOT BE RAISED IN SECOND APPEAL. ... ... ( 1 ) SECOND #HL_....
1998 0 Supreme(Pat) 695 • India - Patna
S.K.CHATTOPADHYAYA
Whether non-joinder of parties can be raised for first time in second appeal? 3. ... Non-joinder of parties not raised at trial or in first appeal, objection waived. ... Second appeal. ... In view of the provisions as laid down in Order I, Rule 13 CPC, plea of non-joinder of necessary party cannot be raised f....
1992 0 Supreme(Bom) 381 • India - Bombay
E.S.DA SILVA
Order 1, Rules 10 and 13-Necessary party-Non-joinder of-Effect. ... Lakshminarayana Trimmayya Hegde), A.I.R. 1984 Karnataka 45 the Court while holding that the objection of non-joinder to be raised in second appeal and Order 1, Rule 13 is no bar at the same time clarified that necessary party is a party without which no effective order or decree could be made in his ... shall app....
2025 Supreme(Online)(Mad) 66798 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr.A.D.MARIA CLETE, J
Mohammedan law by heirs of deceased - Non-joinder of parties raised at second appeal stage - Held, objection waived by non-raising ... in earlier stages; not mandatory but proper party - Second appeal dismissed. ... ... ... Result: Second Appeal dismissed. ... Uder Order I Rule 9 CPC no suit shall be defeated by reason of mis-joinder or non-joinder#H....
2016 0 Supreme(Mad) 1524 • India - Madras
P.KALAIYARASAN
of necessary parties - Second Appeal is dismissed ... sister of plaintiff who are owners of B and C schedule properties have not been added as parties and therefore suit is bad for non-joinder ... herself for cross-examination - Therefore above contention of learned counsel for appellants is not sustainable - Another point raised ... The objection on the ground of non-joinder of necessary parties shall be taken at the earliest poss....
2012 0 Supreme(Pat) 859 • India - Patna
MUNGESHWAR SAHOO
It held that the suit was bad for non-joinder of necessary party and dismissed the appeal. ... It also emphasized the non-joinder of the necessary party and the time limitation for examining the correctness of the procedure ... Final Decision: The Court dismissed the second appeal, finding no merit in the substantial questions of law formulated, and ... In view of the above facts and circumstance....
2010 0 Supreme(Mad) 4765 • India - Madras
M.DURAISWAMY
Final Decision: The second appeal was partly allowed, and the judgment and decree of the lower appellate court were set aside ... The second defendant appealed against this modification. ... The learned counsel for the appellant raised the following substantial question of law in the above Second Appeal:- ... " The suit is maintainable for non joinder of necessary parties i.e., Ragavendra Construction, who is the party#....
1987 0 Supreme(Pat) 12 • India - Patna
S.ALI AHMAD
Whether there was non-joinder of a necessary party. Ratio Decidendi: 1. ... The question of limitation was not raised at the appropriate stage and could not be considered in second appeal. 5. ... LAND DISPUTE - SALE DEED - MAHADANAMA - PART PERFORMANCE OF CONTRACT - POSSESSION - LIMITATION - NON-JOINDER OF PARTY - EVIDENCE ... The question of defect of party should have been raised#HL_EN....
2011 0 Supreme(Mad) 2981 • India - Madras
G.RAJASURIA
The defendants filed a second appeal, claiming adverse possession and non-joinder of necessary parties. ... Issues: The substantial questions of law raised by the defendants included adverse possession, non-joinder of necessary parties ... Final Decision: The second appeal was dismissed, and there was no order as to costs. ... Whether the lower appellate Court considered the non#HL_EN....
1960 0 Supreme(Raj) 319 • India - Rajasthan
KANWAR BAHADUR, R.N.HAWA
The plea of non-joinder of a necessary party was raised in the written statement by the defendants and an application for amendment as put to us now could have been as well filed before the trial court. ... have applied for an amendment only in this second appeal. ... revision or second appeal, subject to the awarding of suitable compensation by way of costs to the opposite party. ... It is true that the applicatio....
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