Can an objection on the ground of misjoinder of parties be raised for the first time in appeal? Will the court entertain it?

Question: Can an objection on the ground of misjoinder of parties be raised for the first time in appeal? Will the court entertain it? [HP J.S. 1994]

Find the answer to the mains question only on Legal Bites. [Can an objection on the ground of misjoinder of parties be raised for the first time in appeal? Will the court entertain it?]

Answer

Order 1, Rule 13 of the Civil Procedure Code, states that all objections on the ground of non-joinder or misjoinder of parties must be taken at the earliest opportunity, otherwise they will be deemed to have been waived.

However, objection as to non-joinder of the necessary party may be raised even in appeal Chuba Temsu v. Nungyonger, [AIR 1994 Gau 10].

But if the objection as to non-joinder of the necessary party has been taken by the defendant at the earliest stage and the plaintiff declines to add the necessary party, he cannot subsequently be allowed in appeal to rectify the error by applying for amendment. Naba Kumar v. Radhashyam, [AIR 1931 PC 229].

It is also worthy to mention section 99 of the code, which states

“No decree shall be reversed or substantially varied, nor shall any case be remanded in appeal on account of any misjoinder or non-joinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court;
Provided that nothing in this section shall apply to non-joinder of a necessary party.”

On the basis of the entire above discussion, thus it is clear that objections as to misjoinder and non-joinder of parties cannot be raised for the first time in appeal. But it can be raised for the first time in appeal in case of non-joinder of necessary parties.

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