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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.
(Entry 1 of 2) law. : a person or group against whom a criminal or civil action is brought : someone who is being sued or accused of committing a crime if the jury finds the defendant not guilty compare plaintiff.
1 : conjunction sense 2. 2a(1) : a joining of parties as plaintiffs or defendants in a suit. (2) : a joining of causes of action or defense. b : acceptance of an issue tendered.
Impleader is a procedural device before trial in which one party joins a third party into a lawsuit because that third party is liable to an original defendant.This complaint alleges that the third party is liable for all or part of the damages that the original plaintiff may win from the original defendant.
Khakare Vikas Parties to suit 2022 Parties to suit are plaintiff and defendant. In pleading name, age, occupation and place of residence be mentioned. In case of more plaintiff or defendant parties shall be numbered consecutively.
Both the defendants 2 and 3 are necessary parties to the partition suit. In so far as the 2nd defendant is concerned,to non-joinder of necessary parties. Therefore, if necessary party is not impleaded in a suit or an appeal, it will have to be dismissed on that ground.
Impleader:The third party becomes a participant in the lawsuit and is known as a third party defendant. Interpleader: Interpleader occurs when a third party enters into a lawsuit, usually to determine that party's rights with regard to property at issue in the lawsuit.
If, for the adjudication of the "real controversy" between the parties on record, the presence of a third party is necessary, then he can be impleaded. 2.
Impleading occurs when a third partyagainst whom the defendant may himself have a claimis brought into the original suit in the interests of time and efficiency. Joinder of suit occurs when two or more issues are dispensed within the same hearing.Joinder may be mandatory in some instances.