ORDER I – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER I. ORDER I- PARTIES OF SUITS (THE FIRST SCHEDULE)

 

THE FIRST SCHEDULE
ORDER I
PARTIES OF SUITS

 

1[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.]

 

1. Subs, by Act No. 104 of 1976, sec. 52 for the former rule (w.e.f. 1-2-1977).

 

2. Power of Court to order separate trial.

 

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.

 

1[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 transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and

 

(b) if separate suits were brought against such persons, any common question of law or fact would arise.]

 

1. Subs, by Act No. 104 of 1976 for the former rule (w.e.f. 1-2-1977).

 

STATE AMENDMENT

 

Bihar.-In its application to the Scheduled Areas in the State of Bihar, in Order I, Rule 3, following proviso added:-

 

“Provided that in suits for declaration of title or for possession relating to immovable properties of a member of the Scheduled Tribes as specified in Part HI to the Schedule to the Constitution (Scheduled Tribes) Order, 1950, the Deputy Commissioner concerned shall also be joined as a defendant.”

 

[Vide Bihar Scheduled Areas Regulation, 1969 (1 of 1969), sec. 3 and Sch. (w.e.f. 8-2-1969).]

 

1[3A. Power to order separate trials 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.]

 

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

 

STATE AMENDMENT

 

Madhya Pradesh.-In Order I of First Schedule to the Principal Act, after Rule 3-A, the following rule inserted:-

 

“3-B. Conditions for entertainment 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 section 9 of the Madhya Pradesh Ceiling on Agricu
ltural Holdings Act, 1960 (No. 20 of 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 impleaded 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.

 

Explanation.-The expression “suit or proceeding” used in this sub-rule shall include appeal, reference or revision, but shall not include any proceeding for or connected with execution of any decree or final order passed in such suit or proceeding”.

 

[Vide M.P. Act 29 of 1984, sec. 5 (w.e.f. 14-8-1984).]

 

 

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

 

1[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 plaintiffs 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 XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiffs expense, notice to all persons so interested in the manner specified in sub-rule (2).

 

(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.

 

Explanation.-For the purpose of determining whether the persons who sue or are sued, or defend, have the same interest in one suit, it is not necessary to establish that such persons have the same cause of action as the person on whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as the case may be.]

 

1. Subs, by Act No. 104 of 1976, sec. 52, for rule 8 (w.e.f. 1-2-1977).

 

1[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 question of law, permit that person or body of persons to present such opinion and to take part in the proceedings of the suit as the Court may specify.]

 

1. Ins. by Act No. 104 of 1976, sec. 52 (w.e.f. 1-2-1977).

 

9. Misjoinder and nonjoinder

 

No suit shall be defeated by reason of the misjoinder or nonjoinder 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 parties actually before it:

 

1[Provided that nothing in this rule shall apply to nonjoinder of a necessary party.]

 

1. Ins. by Act No. 104 of 1976, sec. 52 (w.e.f. 1-2-1977).

 

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 thought 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) Court may strike out or add parties.-

 

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, 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 next friend or as the next friend of a plaintiff under any disability without his consent.

(4) Where defendant added, plaint to be amended-

 

Where a defendant is added, the plaint shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of the 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 Indian Limitation Act, 1877 (15 of 1877), section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.

 

HIGH COURT AMENDMENT

 

Karnataka:-

 

In Order I, in rule 10, after sub-rule (5), insert the following sub-rule, namely:-

 

“6. The Court may on the application of any party and after notice to the other parties affected by the application and on such terms and conditions as it may impose, transpose a plaintiff to the position of a defendant or subject to the provisions of the sub-rule (3), a defendant to the position of a plaintiff.” (w.e.f. 30-3-1967)

 

1[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 issue in any suit or proceeding, if the party having the interest which is likely to be so affected is not represented by any pleader.]

 

1. Ins. by Act No. 104 of 1976, sec. 52 (w.e.f. 1-2-1977).

 

11. Conduct of suit The Court may give the conduct of 1[a suit] to such persons as it deems proper.

 

1. Subs, by Act No. 104 of 1976, sec. 52 for “the suit” (w.e.f. 1-2-1977).

 

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 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. Objections as to non-joinder or misjoinder.

 

All 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.

 

 

Previous | Next

 

Civil Procedure Code 1908

 

Indian Laws – Bare Acts

Leave a Comment

Your email address will not be published. Required fields are marked *