Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Order-01 Parties to Suits CONTENTS 1. Who may be joined as plaintiffs 2. Power of Court to order separate trials 3. Who may be joined as defendants 3A. Power to order separate trial where joinder of defendants may embarrass or delay trial 4 . Court may give judgment for or against one or more of joint parties 5. Defendant need not be interested in all the relief claimed 6. Joinder of parties liable on same contract 7. When plaintiff in doubt from whom redress is to be sought 8. One person may sue or defend on behalf of all in same interest 8 A . Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings 9. Misjoinder and non-joinder 10. Suit in name of wrong plaintiff 10A. Power of Court to request any pleader to address It 11. Conduct of suit 12. Appearance of one of several plaintiffs or defendants for others 13. Objections as to non-joinder or mis-joinder Order-01 Parties to Suits Order-01 Parties to Suits 1. Who may be joined as plaintiffs :- All persons may be joined in one suit as plaintiffs where- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise.] 2. Power of Court to order separate trials :- Where it appears to the Court that any joinder of plaintiffs may embarrass r delay to trial of the suit, the Court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient. 3. Who may be joined as defendants :- All persons may be joined in one suit as defendants where- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transaction is alleged to exist against such persons, whether jointly, severally or in the alternatively; and (b) if separate suits were brought against such persons, any common question of law or fact would, aris6.] 3A. Power to order separate trial where joinder of defendants may embarrass or delay trial :- Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the suit, the Court may order separate trials or make such other order as may be expedient in the interests of justice.] Madhya Pradesh.-In order 1 of First Schedule to the principal Act, after rule 3- A] the following rule shall be inserted, namely: "3-B. Conditions for entertainn)ent of suits.-(1) No suit or proceeding for,- (a) declaration of title or any right over any agricultural land, with or without any other relief; or (b) specific performance of any contract for transfer of any agricultural land, with or without any other relief, shall be entertained by any Court, unless the plaintiff or applicant as the case may be, knowing or having reason to believe that a return under S.9 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 in relation to land aforesaid has been or is required to be filed by him or by any other person before competent authority appointed under that Act, has imploded the State of Madhya Pradesh as one of the defendants or non-applicants, as the case may be, to such suit or proceeding. (2) No Court shall proceed with pending suit or proceeding referred to in sub-rule (1) unless as soon as may be, the State Government is so impleaded as a defendant or non-applicant. 4. Court may give judgment for or against one or more of joint parties :- Judgment may be given without any amendment- (a) for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to; (b) against such one or more of the defendants as may be found to be liable, according to their respective liabilities. 5. Defendant need not be interested in all the relief claimed :- It shall not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him. 6. Joinder of parties liable on same contract :- The plaintiff may, at his option, join as parties to the same suit all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange, hundis and promissory-notes. 7. When plaintiff in doubt from whom redress is to be sought :- Where the plaintiff is in doubt as to the person from whom he is entitled to obtain redress, he may join two or more defendants in order that the question as to which of the defendant is liable, and to what extent, may be determined as between all parties. 8. One person may sue or defend on behalf of all in same interest :- (1) Where there are numerous persons having the same interest in one suit,- (a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested ; (b) the Court may direct that one or more of such persons may sue or be sued or may defend such suit, on behalf of. or for the benefit of, all persons so interested. (2) The Court shall, in every case where a permission or direction is given under sub-rule (1), at the plaintiff's expense, give notice of the institution of the suit to all persons so interested, either by personal service, or, where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the Court in each case may direct. (3) Any person on whose behalf, or for whose benefit, a suit is instituted or defended, under sub-rule (1), may apply to the Court to be made a party to such suit. (4) No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall be withdrawn under sub-rule (3) of rule 1 of Order 23, and agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 (5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the Court may substitute in his place any other person having the same interest in the suit. (6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for whose benefit, the suit is instituted, or defended, as the case may be. 8A. Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings :- While trying a suit, the Court may, if satisfied that a person or body of persons is interested in any question of law which is directly and substantially in issue in the suit and that it is necessary in the public interest to allow that person or body of persons to present his or its opinion on that questions of law, permit that person or body of persons to present such opinion and to take such part in the proceedings of the suit as the Court may specify.] 9. Misjoinder and non-joinder :- No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the partics actually before it: 1 [Provided that nothing in this rule shall apply to non-joinder of a necessary party.] 1. Added by C.P.C. (Amendment) Act No. 104 of 1976. (w.e.f. 1st February, 1977). 10. Suit in name of wrong plaintiff :- (1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other (2) Court may strike out or add parties.-The Court may at any stage of the proceedings, either upon or without the application of cither party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. (3) No person shall be added as a plaintiff suing without a new friend or as the next friend or a plaintiff under any disability without his consent. (4) Where defendant added, plaint to be amended.-Where a defendant is added, the plaint, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of summons and of the plaint shall be served on the new defendant and if the Court thinks fit, on the original defendant. (5) Subject to the provisions of the [S.22 OF THE LimitationAct, 1877] , the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons. 10A. Power of Court to request any pleader to address It :- The Court may, in its discretion request any pleader to address it as to any interest which is likely to be affected by its decision on any matter in any suit or proceeding, if the party having the interest which is likely to be so affected is not represented by any pleader.] 11. Conduct of suit :- The Court may give the conduct of [a suit] to such person as it deems proper. 12. Appearance of one of several plaintiffs or defendants for others :- (1) Where there are more plaintiffs than one, any one, or more of them may be authorized by any other of them to appear, plead or act, for such other in any proceeding; and in like manner, where there arc more defendants than one, any one or more of them may be authorized by any other of them to appear, plead or act for such in any proceeding. (2) The authority shall be in writing signed by the party giving it and shall be filed in Court. 13. Objections as to non-joinder or mis-joinder :- All objections on the ground of non-joinder or mis-joinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived.