If a necessary party, without whom no effective decree can be passed, remains unjoined despite an opportunity to cure the defect, what is the consequence for the suit?
Question and options
If a necessary party, without whom no effective decree can be passed, remains unjoined despite an opportunity to cure the defect, what is the consequence for the suit?
Dismissal of suit
Stay of suit
Continuation of suit
Imposition of cost
Answer and explanation
Order I rule 9 CPC excludes necessary-party nonjoinder from its saving rule. Order I rule 10(2) permits addition of persons needed for effective and complete adjudication. Dismissal concerns the omission left uncured, not every initial omission automatically ending the suit.
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