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HC (17/02/2023 )

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  1. Code of Civil Procedure, 1908–Order 7, Rule 11–Scope–Non-joinder or
    misjoinder of parties can be a ground for rejection of the suit ultimately but cannot
    be a ground for rejection in terms of Order 7, Rule 11.
  2. Code of Civil Procedure, 1908–Order 7, Rule 11–Rejection of application– Appreciation of–Suit for cancellation of the election–Society is registered under the Society Registration Act and not under the Rajasthan Cooperative Societies Act–Further, the non-joinder or misjoinder of parties cannot be a ground for rejection of plaint–The right to sue is also a question of facts in the instant case–It cannot be said that the plaint does not disclose the cause of action–Interference declined.