Rule 9 of CPC : Rule 9: Misjoinder And Nonjoinder

Explanation using Example

Imagine a scenario where a group of homeowners sue a construction company for defects in the construction of their homes. One homeowner, who is also affected, is not included in the lawsuit either by mistake or because they could not be located. According to Rule 9 of The Code of Civil Procedure, 1908, the absence of this homeowner (non joinder) does not prevent the court from proceeding with the case. The court can still adjudicate on the matter concerning the rights and interests of the plaintiffs who are present before it. However, if the missing homeowner was essential to the case (a necessary party), the court might require them to be added to the suit before making a final decision, as per the proviso.