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What is Misjoinder and Nonjoinder?

What is Misjoinder and Nonjoinder?

Misjoinder of parties means a joinder of a party who ought not to have been joined either as a plaintiff or as a defendant. In other words, it refers to impleading an unnecessary party. However, Non-joinder refers to a situation when a party who ought to have been impleaded according to the law is not impleaded.

When the court can dismiss a suit for non joinder of a party?

Rule 9 of Order 1 lays down that no suit shall be defeated by reason of misjoinder or non- joinder of parties. In such cases, the court may deal with the matter in controversy as regards the rights and interests of the parties actually before it.

Can a third party be impleaded in a civil suit?

However, if any third party is likely to suffer any injustice, on account of the outcome of the suit, he is entitled to get himself impleaded.

When does a plaintiff cease his rights in a suit?

In other words, when a plaintiff ceases his rights in any suit and the defendant herein makes an application to the court for placing him (the defendant) in the shoes of the plaintiff, then the court will decide on the merits called by the applicant (defendant) in the application against the rights of the other defendants in the suit.

What happens when a suit is filed in the court?

When a suit is filed in the court, the counsel or even the party on whose insistence the suit is filed may not know all the parties involved in the suit. As such, relief cannot be claimed without joining the other affected parties as a plaintiff or defendant (as the case may be).

Can a third party be subpoenaed in a civil case?

The result is that third parties can be subpoenaed and then served virtually anywhere in the United States; they can be made to show up for depositions and produce documents, and they can be called to give evidence at trial. Third-party testimony is a core element of civil litigation. Not so in arbitration.

How are third parties allowed to join a lawsuit?

Intervention is the process by which a third party is allowed to join a lawsuit. The third party may become a co-plaintiff, co-defendant, or take an independent position in the lawsuit. There are two types of intervention: intervention of right and permissive intervention .

When to use joinder to combine parties and claims?

The plaintiff has a claim against the defendant for which he or she seeks some type of relief. However, sometimes another party has a role in the lawsuit, or there may be additional legal claims which arose out of the same controversy. In these situations, joinder may be invoked to combine these parties and claims.

Can a plaintiff file a lawsuit against another party?

A plaintiff may file a lawsuit against one defendant, while there is another party who may be responsible to reimburse the defendant for some or all of the judgment sought by the plaintiff. Take the following example: John and Craig are in their respective cars driving down Center Street. They are at a red light, with John in back of Craig’s car.

When do two people join together to sue a defendant?

Rule 20 permits the joinder of parties when the claims arise out of the same events and they involve the same legal questions. Two or more plaintiffs may join together and sue a defendant.