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A summary suit under Order XXXV cannot be maintained where not all defendants are parties to the mortgage or novation; such a suit is fatally defective and must be struck out.
Source excerpt
No effective decree can be passed in the absence of Bundaa Oil Industries Limited, a necessary party, as per Order XXXII Rule 1 of the Civil Procedure Code and the Court of Appeal's decision in Abdullatif Mohamed Hamis. The suit must be struck out for non-joinder.
Source excerpt
The High Court struck out a bank-related civil suit after finding improper non-joinder of the mortgagor and failure to state when the cause of action arose.
The High Court held that the mortgagor was a necessary party in a mortgage-related suit and ordered amendment of the plaint and application to join him.
The High Court upheld a preliminary objection for non-joinder of the mortgagor in a mortgage-related land case and ordered amendment of the plaint and application.
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