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Non-joinder of candidate against
whom allegation of corrupt practice is made whether fatal-
Whether objection must be raised ... also contended that since the
objection as to the non-joinder of the necessary party was
not taken
Supreme Court of India
join her brothers made the suit incompetent for
non-joinder of necessary parties. The trial court dismissed
the suit ... exclusively entitled
to it and the plea of ,non-joinder of her brothers would
fail.
Held: (Per, P. B. Gajendragadkar
Supreme Court of India
original petition of the appellant on
the ground of non-joinder of necessary parties.
Brief facts which are necessary ... alternative but to dismiss the
complaint for non-joinder of parties. The Commission however
observed that considering
Supreme Court of India
opinion, the findings as to
benami, and non-joinder are wrong, and that as to limitation partly so.
Having come ... urged.
7. First, as to the objection of non-joinder which was strongly
pressed.--Now the present action
Madras High Court
State Government is a necessary party and the non-joinder of the
Government is fatal to the suit ... fresh suit. The first ground relates to the non-joinder of the
Government. It is stated in the affidavit that
Madras High Court
finally pleaded that the suit was bad for
non-joinder of necessary parties as one of the sons of Shankerlal ... that Jugal Kishore
was a necessary party and his non-joinder in the suit was fatal. The
suit should, therefore
Rajasthan High Court
defendant objected to the plaint on the ground of
non-joinder of the other brothers of the plaintiff, and alleged ... form of the suit on
the ground of non-joinder of A's brothers, it was considered too late
Bombay High Court
specifically pleaded that the
O.P. is bad for non-joinder of necessary parties such as other
contesting candidates namely ... writ petitioner
that O.P. was bad for non-joinder of necessary parties, has not taken
any immediate action
Andhra High Court
Patna High Court
Seth Srenikbhai Kasturbhai And ... vs Seth Chandulal Kasturchand And ... on 1 July
Patna High Court
suit was not liable to be
dismissed for non-joinder of necessary parties namely Lourenco Manual
Pereira the appellant ... Pereira is very much a necessary party and
his non-joinder in the proceedings willingly and consciously avoided
Bombay High Court
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