Topic

Statutory Mandatory Joinder

1 articleLatest April 2026
Section 90 Waqf Act, 1995 | Failure to Join Wakf Board Renders Decree Non Est in Law: Madras HC
Case Law Analysis
|Madras High Court

Section 90 Waqf Act, 1995 | Failure to Join Wakf Board Renders Decree Non Est in Law: Madras HC

The Madras High Court has ruled that any decree passed without joining the Wakf Board as a mandatory party under Section 90 of the Waqf Act, 1995 is legally void ab initio - regardless of the suit’s merits or elapsed time. This sets a binding precedent for all property disputes involving waqf properties, requiring strict compliance with statutory joinder to avoid nullification of judgments.