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Non Joinder: Definition, Example and Related Terms

What is Non Joinder ?

Non Joinder refers to the failure to include a necessary party in a lawsuit. In legal terms, this means that an essential person or entity who has a significant interest in the case has not been named as a party to the lawsuit. This oversight can lead to various legal complications, including the dismissal of the case or the need to amend the lawsuit to include the missing party.

For example, in a lawsuit concerning a dispute over property ownership, all individuals with a legal interest in the property should be involved in the case. If the legal owner is not included, the lawsuit could be dismissed due to non joinder.

Non Joinder can occur for various reasons such as oversight, lack of awareness of the necessary party's interest, or an intention to simplify the litigation process. However, failing to include all necessary parties can result in delays and additional legal issues.

Addressing Non Joinder typically involves amending the legal complaint to include the necessary parties. Courts usually allow such amendments to ensure all relevant interests are represented and the matter can be thoroughly and fairly adjudicated.

Example(s)

  • Scenario Description
    A lawsuit is filed to contest a will, but one of the heirs is not included as a party to the suit. The court may dismiss the case due to non joinder, as all heirs are necessary parties to the dispute. The lawsuit would need to be amended to include the missing heir.
    A property dispute involves multiple owners, but the lawsuit only names one of the owners. If the other property owners are not included, the court might dismiss the case due to non joinder. To proceed, the suit must be amended to include all property owners as parties to the case.