Question

Objection as to non-joinder or mis-joinder of parties under Order 1, Rule 13 of CPC:

• A. Can be taken at any stage of the proceedings
• B. Should be taken at the earliest possible opportunity or shall be invalid
• C. Can be taken in appeal or revision for the first time
• D. Either a or c

Hint:

Objections to mis-joinder or non-joinder must be raised at the earliest stage, else they are barred.

Answer 1

The Correct Option is B

Step 1: Rule position.
Order 1, Rule 13 of CPC provides that objections to non-joinder or mis-joinder of parties must be taken at the earliest possible opportunity.
Step 2: Limitation.
If not raised early, such objections are deemed to be waived and cannot be raised later in appeal or revision.
Step 3: Conclusion.
Hence, option (b) is correct.