The Himachal Pradesh High Court reiterated that objections regarding non-joinder or mis-joinder of parties must be raised at the earliest opportunity, and, if not raised before or at the time of settlement of issues, are deemed to be waived. The decision affirms the established interpretation of Order 1 Rule 13 CPC and is binding within Himachal Pradesh, serving as persuasive precedent elsewhere in civil procedure matters.
Summary
| Category | Data |
|---|---|
| Case Name | CMPMO/455/2023 of SHER SINGH AND OTHERS Vs HARISH CHANDER AND OTHERS |
| CNR | HPHC010299082023 |
| Date of Registration | 26-08-2023 |
| Decision Date | 30-10-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | Hon’ble Mr. Justice Bipin Chander Negi |
| Court | High Court of Himachal Pradesh |
| Bench | Single Bench |
| Precedent Value | Binding within Himachal Pradesh; persuasive authority elsewhere |
| Type of Law | Civil Procedure (Code of Civil Procedure, 1908) |
| Questions of Law | Whether objection as to non-joinder of necessary parties can be raised at final arguments stage and whether such objection stands waived under Order 1 Rule 13 CPC if not timely taken? |
| Ratio Decidendi | The objection regarding non-joinder of necessary parties must be raised at the earliest possible opportunity or at the very latest, before the settlement of issues, as mandated under Order 1 Rule 13 CPC. If such objection is raised after issues have been settled—especially at the stage of final arguments—it is deemed to have been waived. There is no justification for allowing amendment in the written statement to include such objection at the stage of final arguments. The trial court’s order disallowing amendment was correct and requires no interference. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Order 1 Rule 13 CPC: All objections on the ground of non-joinder or mis-joinder must be taken at the earliest; otherwise, deemed waived. |
| Facts as Summarised by the Court | Petitioners/defendants filed an application under Order 6 Rule 17 CPC at the final argument stage in the trial court, seeking to amend their written statement to include a plea of non-joinder of necessary parties. The trial court rejected this application. Petitioners challenged this refusal before the High Court. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Himachal Pradesh |
| Persuasive For | Other High Courts, Supreme Court, and courts outside Himachal Pradesh in analogous matters |
| Follows | Direct application of Order 1 Rule 13 CPC |
What’s New / What Lawyers Should Note
- Reaffirms that objections regarding non-joinder or mis-joinder of parties must be raised at the earliest opportunity, preferably before or at the time of settlement of issues.
- Objections raised at the stage of final arguments are deemed to have been waived under Order 1 Rule 13 CPC.
- Amendment applications to include such objections in written statements at a belated stage are not maintainable.
- Lawyers must be vigilant to raise all such procedural objections prior to or at the settlement of issues to avoid waiver.
Summary of Legal Reasoning
- The petitioners sought to amend their written statement at the stage of final arguments to introduce a plea of non-joinder of necessary parties.
- The High Court highlighted the explicit language of Order 1 Rule 13 CPC, which mandates that all objections on the ground of non-joinder or mis-joinder of parties must be taken at the earliest opportunity and, in any case, before settlement of issues, unless the objection arises thereafter.
- Since the objection in the instant case was raised after framing of issues and at the final argument stage, the High Court classified such objection as deemed waived under Order 1 Rule 13 CPC.
- The High Court found no reason to interfere with the trial court’s order refusing the amendment, reiterating the importance of procedural discipline and timely raising of such objections.
Arguments by the Parties
Petitioner
- Sought leave to amend the written statement at final argument stage to introduce objection as to non-joinder of necessary parties (Subhash Chander and Birij Bala).
- Asserted that the suit was bad for non-joinder and liable to be dismissed on this ground.
Factual Background
Petitioners (defendants) filed an application under Order 6 Rule 17 CPC before the trial court at the stage of final arguments, seeking to amend their written statement to include an objection regarding non-joinder of necessary parties, specifically Subhash Chander and Birij Bala. The trial court refused to permit this amendment. The petitioners challenged this refusal before the High Court.
Statutory Analysis
- Order 1 Rule 13 CPC: The Court quoted and applied this provision, which prescribes that all objections regarding non-joinder or mis-joinder of parties shall be taken at the earliest possible opportunity, or, at the latest, at or before the settlement of issues; otherwise, such objections are deemed to have been waived.
- The provision was applied strictly, disallowing belated objections and amendments intended to introduce them.
Alert Indicators
- ✔ Precedent Followed – Existing provision under Order 1 Rule 13 CPC affirmed and strictly applied.