MIS-JOINDER
| NON-JOINDER
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When mistakenly a party was added to the suit is misjoinder. That means when a party was added but he doesn’t have to do anything with the present issue then it considered to be misjoinder.
| When a party is necessary to the suit and he was not added to the suit, then it is a non-joinder. |
In case of misjoinder the court should not dismiss the suit rather; may order in such kind as the order not bind on the misjoined party and the relief should be sought only upon the respective necessary party.
| When the court found about the non-Joinder of the party who are necessity to the suit, and adjudicating on such matter without them is a matter of waste, then the court can dismiss the suit, or may order the plaintiff to add the necessary parties or may add the party on their own.
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| There is no possibility of dismissal, since it won’t much affect the interest of the party at large. | There is a possibility. Of dismissing the suit, in respect to the effectiveness of the decree/order. |
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