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THE FIRST SCHEDULE · ORDER I Parties to Suits

Order I Rule 9: Misjoinder and non-joinder

The Code of Civil Procedure, 1908

No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it:

1[Provided that nothing in this rule shall apply to non-joinder of a necessary party.]

Footnotes in the official text

  1. 1.The proviso added by, ibid., s. 52 (w.e.f. 1-2-1977).

Questions on this rule

2 questions in 10 of our papers cite Order I Rule 9. Try these from the free papers:

  1. 1. In Prem Lala Nahata v. Chandi Prasad Sikaria (2007), the defendant sought rejection of a plaint under Order VII Rule 11(d) of the Code of Civil Procedure, 1908, contending that the suit was bad for misjoinder of plaintiffs and of causes of action. The Supreme Court held that:

Practise questions on Civil Procedure Code