1998 Bar: Give the effects of the following: Non-joinder of a necessary party. (2%)


Under Rule 3, Section 9 of the Rules of Court, the effect of non-joinder of a necessary party is that the court may order the inclusion of an omitted necessary party if jurisdiction over his person may be obtained. The failure to comply with the order for his inclusion without justifiable cause is a waiver of the claim against such party. The court may proceed with the action but the judgment rendered shall be without prejudice to the rights of such necessary party.