Civil Revision No

Civil Revision No

The second respondent, not being a party to the original suit, was improperly joined, constituting an irregularity that undermines the application. The preliminary objection on improper joinder is upheld, and the application is dismissed without addressing other objections.

Citation
Civil Revision No
Parties
Applicant: Malkit Bansal Singh; 1st Respondent: Harbans Kaur Bansal; 2nd Respondent: FINCA Microfinance Bank Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Revision / Ruling on Preliminary Objections
Outcome
Application dismissed
Legal Topics
Revision, Limitation of Actions, Joinder of Parties, Jurisdiction
Source Language
English
Civil Procedure Matrimonial Law Revision Limitation of Actions Joinder of Parties Jurisdiction

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Parties

Malkit Bansal Singh

Applicant

Harbans Kaur Bansal

1st Respondent

FINCA Microfinance Bank Ltd

2nd Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the application is time-barred under the Law of Limitation Act
  2. 2 Whether the application is incompetent for citing wrong legal provisions
  3. 3 Whether the joinder of the second respondent is proper

Ratio Decidendi

The second respondent, not being a party to the original suit, was improperly joined, constituting an irregularity that undermines the application. The preliminary objection on improper joinder is upheld, and the application is dismissed without addressing other objections.

Court Disposition

Application dismissed

Orders

  • Application for revision is dismissed
  • No order as to costs