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KembaraXtra – Legal Terms – Nonjoinder
Nonjoinder refers to the failure to include all necessary parties in a legal action.
Historically, nonjoinder could be raised as a plea in abatement, arguing that the proceedings were defective because an essential person had not been joined to the case.
Modern civil procedure no longer causes an action to fail merely because of nonjoinder.
Instead, the defect can usually be corrected through amendment or by adding or substituting parties under Part 19 of the Civil Procedure Rules.
The purpose of these rules is to ensure that all relevant persons are properly represented so that the court can resolve the dispute effectively and fairly.
Nonjoinder refers to the failure to include all necessary parties in a legal action.
Historically, nonjoinder could be raised as a plea in abatement, arguing that the proceedings were defective because an essential person had not been joined to the case.
Modern civil procedure no longer causes an action to fail merely because of nonjoinder.
Instead, the defect can usually be corrected through amendment or by adding or substituting parties under Part 19 of the Civil Procedure Rules.
The purpose of these rules is to ensure that all relevant persons are properly represented so that the court can resolve the dispute effectively and fairly.
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