If the dispute could be adjudicated in the absence of a party and where no order was sought against that party, joinder was unnecessary and generally not allowed.
Order 15 Rule 13 requires that the presence of the party to be joined is necessary to enable the matters in dispute to be effectually and completely decided, that a plaintiff is entitled to choose the defendants he wishes to sue, but that the court has power to add a party whose proprietary or pecuniary rights are or may be directly affected by the proceedings.
Judges:
Viscount Dilhome
Citations:
[1971] AC 912, [1970] 3 All ER 16, (1970) 46 Tax Cas 341
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Balkanbank v Naser Taher and Others QBD 13-Feb-1995
The plaintiff had obtained a worldwide Mareva injunction, giving an undertaking for damages. On its discharge, the defendants sought to make a counterclaim. The defendant company and its subsidiaries sought to counterclaim for their damages suffered . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 30 April 2022; Ref: scu.200488
