Order--1 , C P C, Parties To Suit |Civil Procedure Code 1908|Lawyer Online|Advocate Online|Qanondan

Order--1 , C P C, Parties To Suit /Civil Procedure Code 1908
PARTIES SUITS
1. All persons may be joined in one suit as Plaintiffs in whom any right to [relief in


respect of or transaction or series of acts or transactions is alleged to exit, whether jointly,


severally or in the alternative, where, if such persons brought separate suits, any common


question of law or fact would arise.


2. Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the


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. All persons may be joined as defendants against whom 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, Whether jointly, severally or in the alternatively, where, if separate suits were


brought against such persons, any common quest on of law or fact would arise.


4. Judgment may be given without any amendment5. It shall not be necessary that every defendant shall be interested as to all the relief


claimed in any suit against him.


6. The plaintiff may, at his option, join as same suit nil or any of the persons severally,


severally, liable on any one contract, including exchange, hundis and promissory notes.


7. Where the plaintiff is in doubt as to the person from whom be is entitled to obtain


redress, he may join two or more defendants in order that the question as to winch of the


defendants is liable, and to what extent, may be determined as between all parties.


8. (l) Where there are numerous persons having the same interest in one suit, one or more


of such persons may, with the permission of the Court, sue or be sued, or may defend, in


such suit, on behalf of or for the benefit of all persons so interested. But the Court shall in


such case give, at the plaintiff's expense, notice of the institution of the suit to all such


persons either by personal service or, where from 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.


9. No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the


Court may in the matter in controversy so far as regards the rights and interests of the


parties actually before it.


10. (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 person to be substituted or added as plaintiff upon


such terms as the Court thinks just.


(2) The Court may at any stage of the proceedings, either upon or without the


application of either 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, 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 unless the as may be the plaint thinks fit,


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 next friend or as the next


friend of a plaintiff under any disability without his consent.


(4) Where a defendant is added, the plaint shall, Court otherwise directs, be


amended. in such manner necessary, and amended copies of the summons and of


shall be served on the new defendant and, if the Court on the original defendant.


(5) Subject to the provisions of the (IX of 1908], section 22, the proceedings added as


defendant shall be deemed to service of the summons.


11. The Court may give the conduct of the suit to such person as it deems.


12. (l) here 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 proceedings; and in


like manner, where there are 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 other in any proceeding.


(2) The authority shall be in writing signed by the party giving it and shall be filed in


Court.


13. Alt objections on the ground of non-joinder or misjoinder 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

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