On the other hand, when the Plaintiff itself persists in not impleading a necessary party in spite of objection, the consequences of non-joinder may follow. However, the said objection should be taken in the trial Court itself so that the Plaintiff may have an opportunity to rectify the defect. The said plea cannot be raised in this Court for the first time. This position has been reiterated in State of U.P. v. Ram Swarup Saroj MANU/SC/0153/2000 : (2000) 3 SCC 699. We hold that a plea as to the non-joinder of the party cannot be raised for the first time before this Court if the same was not raised before the trial Court and has not resulted in failure of justice. In the case of non-joinder, if the objection is raised for the first time before this Court, the Court can always implead the party on the application wherever necessary. However, in the case on hand, for the disposal of application filed for rejection of the plaint under Order VII Rule 11, 2nd Defendant is not a necessary party, hence he need not be impleaded. Accordingly, we reject the said objection of the Respondent herein.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 4841 of 2012.
Decided On: 03.07.2012
The Church of Christ Charitable Trust and Educational Charitable Society Vs. Ponniamman Educational Trust
Hon'ble Judges/Coram:
P. Sathasivam and Jasti Chelameswar, JJ.
Author: P. Sathasivam, J.
Citation: MANU/SC/0515/2012,(2012) 8 SCC 706.
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