A suit may be defeated due to:
Verified Answer
A. Non joinder of a proper party
B. Misjoinder of a necessary party
C. Non-joinder of a necessary party
D. Mis-joinder of a proper party
Explanation:
Under Order I Rule 9 of the Code of Civil Procedure, 1908, a suit cannot be defeated merely due to misjoinder or non-joinder of parties. However, the proviso to this rule clarifies that this principle does not apply to the non-joinder of a 'necessary party'. If a necessary party (without whom no effective decree can be passed) is not joined, the suit may be dismissed or defeated.