Rule 13 of CPC : Rule 13: Objections As To Non-Joinder Or Misjoinder

Explanation using Example

Imagine a scenario where Rita sues Tom and Jerry for a breach of contract, but she mistakenly omits to include Spike, who is also a party to the contract. Tom and Jerry believe that Spike should also be a party to the lawsuit. According to Rule 13 of The Code of Civil Procedure, 1908, Tom and Jerry must raise the objection regarding the nonjoinder of Spike as soon as possible, preferably before the court settles the issues involved in the case. If they fail to do so in a timely manner, they will lose the right to object to Spike's absence later in the proceedings, as it will be considered that they have waived this objection.