09 Jun 2026 08:27 AM

Remand of Case--Non-Joinder of Necessary Party Sufficient Ground for Remand -- Appellate Court Need Not Decide Merits Thereafter

Once a first appellate court forms an opinion to remand a case on cogent grounds, it is not required to decide the dispute on merits. Non-joinder of a necessary party is expressly excluded from the protection under Section 99 of the Code of Civil Procedure, which otherwise prevents reversal of a decree for procedural irregularities.

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