Parties of the Suit | Code of Civil Procedure, 1908 | BD Kanoon

Code of Civil Procedure (V of 1908)

Order 1, Rule 9

In a suit for declaration of title, all the co-sharers of the suit holding are the necessary parties. If the objection as to non-joinder of parties is waived at the earliest opportunity, the defendants cannot raise such objection at this stage.

The main arguments of the petitioners as has been advanced that since the suit was for declaration of  title of the plaintiff in to the suit land, all the co-sharers of the suit holding were the necessary parties. I find it difficult to show any disagreement with the proposition advanced by the  learned Advocate for the petitioners but if the objection as to the non-joinder of parties is waived at the earliest opportunity of the suit,  the defendants can not get any advantage of the same at this stage. ...(18) [4 LNJ (2015) 165]

Code of Civil Procedure (V of 1908)

Order XIV, rule 2

Whether the suit is liable to be dismissed due to multi-fariousness caused by mis-joinder of parties and cause of action is mixed issue of law and facts, therefore, it cannot be decided without taking evidence. The Adalat rightly held that the issue raised by the petitioner be disposed of at the time of trial upon taking evidence. [73 DLR 103]

The Code of Civil Procedure, 1908

The moot question is whether the High Court Division is justified in disturbing the findings of fact arrived at by the Court of appeal below holding that the case is barred by limitation and bad for defect of parties, which are based on ap- preciation of the evidence on record. Md. Habibur Rahman Bhuivan vs. Mosammat Galman Begum (Md. Muza- mmel Hossain CJ) (Civil) 9 ADC 575