Principle

CIVIL PROCEDURE – Parties – Non-Joinder of Desirable Party – Not a Ground for Defeating Action

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Non-joinder of a desirable (not necessary) party does not defeat an action or deprive the court of jurisdiction. A desirable party is one whose presence would be convenient but not essential for effectual adjudication. The court can proceed without them. The principle prevents technical dismissals…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in