“It is clear from the notes under Order 16, R.11, of the English Rules of the Supreme Court in the White Book for 1963 (“Application of Rule-Misjoinder, Non-joinder”, at p.346) that non-joinder cannot defeat a claim. It rests rather with the defendant to raise, as early as possible, the point that not all interested persons are before the Court, so that the Court may direct the plaintiff to give them notice and have everybody concerned as a party at the trial: see Sheehan v. Great Eastern Railway Co. (1880) 16 Ch. D.59, at p. 64.”
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