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CS Professional · Drafting, Pleadings and Appearances · Pleadings

In a suit for recovery of dues filed by Mehta Traders against Sharma Exports, the trial court decreed the suit. On appeal, Sharma Exports argues that Gupta Logistics, who was a mere proper (not necessary) party, was not joined, and that this defect did not affect the merits or the court's jurisdiction. Under the Code of Civil Procedure, 1908, what is the likely effect of this ground on the appeal?

The decree cannot be reversed, substantially varied or remanded merely for non-joinder of a proper party, because Section 99 protects decrees against such defects that do not affect the merits or jurisdiction. Only non-joinder of a necessary party falls outside this protection.

  1. AThe decree cannot be reversed or substantially varied or the case remanded on this ground aloneCorrect
  2. BThe appellate court must set aside the decree and order a fresh trial
  3. CThe decree becomes a nullity because every non-joinder defeats a suit
  4. DThe appellate court must dismiss the suit with costs

Explanation

Section 99 says no decree is to be reversed or substantially varied, nor any case remanded, on account of misjoinder or non-joinder of parties not affecting the merits or jurisdiction. The proviso excludes only non-joinder of a necessary party. Gupta Logistics is only a proper party, so the proviso does not apply and the ground fails.

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