Where a person who is a necessary party to the suit has not been joined as a party to the suit; it is a case of:

Related MCQs

• A suit is bad for non-joinder of a necessary party, as provided:
• In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be:
• A revision under section 115 shall notoperate as a stay of suit or other proceedingbefore the court except where such suit or other proceeding is stayed by:
• On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit on the same cause of action under Order VII, Rule 13 of CPC:
• A person can be made a party in the suit either as a plaintiff or a defendant:
• In which of the following way notwithstanding that the former suit was disposed of, a matter will be said to have been „heard and finally decided‟? I. Ex parte II. By dismissal under O. 17 r 3, but not when the dismissal is under O. 16 r 1 for the failure to pay adjournment cost III. By a decree on an award IV. By oath tendered under s. 8 of the Indian Oaths Act, 1873 V. By dismissal owing to plaintiff’s failure to adduce evidence at the hearing
• A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred–
• Which of the following deals with the dismissal of suit where summons not served in consequence of plaintiff‟s failure to pay costs in the Code of Civil Procedure?
• A, claiming to be the chela and heir of a deceased mohunt sues B for rent of certain lands forming part of the estate of the mohunt. C claims that he, and not A, is the chela and heir of the deceased and that he is entitled to the rent. C is thereupon jointed as a defendant to the suit. The issues raised are: Whether A or C is the chela and heir of the mohunt? Whether any and if so what rent is due from B? The Court finds that A is the chela and heir of the mohunt. It also finds Rs. 2,500 due by B for rent, and A‟s claim is decreed. Subsequently, C sues A for a declaration that he is the chela and heir of the mohunt and claims that as such he is entitled to the whole of the property left by the mohunt. A contends that the question, who is the chela and heir of the deceased, is res judicata.
• In a suit, A mortgages certain property to B which was then in possession of X, and agrees of deliver possession thereof B after recovering possession thereof from X. Are covers possession of the property from X, but does not deliver possession thereof to B.B sues A for possession, and a decree for costs, B applies for attachment and sale of the mortgaged property. Is B entitled to the order applied for attachment and sale of the mortgaged property?