Debi Saran Sahi vs Mahabir Singh and Others

We agree with the Courts below that the plea of non-joinder of parties was not raised by the defendants at the earliest possible opportunity. If that plea had been raised at the time limited by the rules for the filing of the written statement, an opportunity would have been afforded to the plaintiffs of amending their claim by adding parties. But the defendants applied to the Court and got an extension of two months for the filing of their written statement and by this maneuver they precluded the plaintiffs from making an application to the Court for the addition of the parties within the period of limitation. Under such circumstances, it appears to be clear under the rules that the objection raised in the Courts below and here must be deemed to have been waived. We dismiss the appeal with costs including fees in this Court on the higher scale.