Article text
(1) No suit shall be defeated by reason only of the misjoinder or nonjoinder of parties and the court may in every suit deal with the mattei' in dispute So far as regards the rights and interest of the parties actually before it.
(1) Any objection on the ground of misjoinder or nonjoinder of parties shall be raised at the earliest possible opportunity and any objection not so raised shall be deemed to have h-" waived. Art. -Substitution or addition of parties
(1) Where a suit has been instituted in the name of a wrong person as plaintiff or it is doubtful whether it has been instituted in the name of the right plaintiff, the court, on being satisfied that the suit has been instituted through a bonafide mistake and that it is necessary for the determi"ation of the real matter in di.~pute so to do, may at any time order that any other person be substi- tuted or added as plaintiff on such terms as it shall fix.
(1) The court may at any time, of its own motion or on the applica- tion of either party and on such terms as it shall fix, order that the name of any party improperly joined as plaintiff or defendant be struck out and that there be added the name of any person who ought to ha"" been joined as plaintiff or defendant or whose 16 eVIL PROCEDURE CODE - '-" '-- presence is necessary for the determination of all the questions involved in the suit: Provided that no person shall be added as plaintiff without his consent. t3) Where a defendant is added, the statement of claim shall, unless the court otherwise directs, be amended accordingly and a copy thereof shall thereupon be served on the new defendant and, if the court thinks fit , on the original defendant.
(4) Nothing in this Article shall prevent a third party at any time Wore judgment from substituting himself for either party with the consent of such party on showing that he is qualified under the provisions of Art. 33
(5) Where it appears to the court at the hearing of an appeal that any person who was a party to the suit in the court from whose decree the appeal is preferred, but who has not been made a party to the appeal, is interested in the result of the appeal, the court may adjourn the hearing and direct that such person be made a respondent.
