Order 1 to order 20 deals with the procedure relating to suits, while section 26 to 35B also specifies the same. These orders and sections are to be read with each other. the title of Order 1 states the parties to suit which clearly mentions that it deals with the parties present in the suit. It also contains the provision for addition, deletion, and substitution of Parties, joinder, non-joinder, and misjoinder of parties and also the objections regarding the non-joinder and misjoinder.

Order 1

It deals with the subject of parties to suits and inter alia ( amongst other things ) with the joinder, misjoinder, and non-joinder of parties and to some extent with the joinder of causes of action. So, to understand the above firstly it is necessary to know the meaning of joinder, misjoinder, and nonjoinder.

JOINDER – as the word denotes , it is joining of the parties or persons in a suit. It can be joining of parties in plaintiff-side or defendant side. The question of joinder of parties arise when an act is done by two or more persons or it affects two or more persons. Eg.- If A assaults B and C, or A and B assaults C, the question of joinder of plaintiffs and defendants arise.

RULE 1  -  Joinder of plaintiffs (who may be joined as Plaintiffs)

There are two conditions mentioned for the persons to joins as plaintiffs in one suit –

a.       the right to relief alleged to exists in each plaintiff arises out of the same act or transaction; and

b.       the case is of such a character that, if such persons bring separate suits, the common question of law or fact would arise.

Rule 1 explains that if there are two or more plaintiffs, then can join each other and file a single suit in combine ( joinder of plaintiffs), provided that the right to relief by different plaintiffs arise out of the same action of the defendant. And if such different plaintiffs file different suit, the question of law or fact in the case will be the same or common. { the intention behind this rule is to avoid the same cases with the same question of law or facts pending before the court, it simple to club all the same cases and avoid confusion}

Illustration : if A enters into an agreement jointly with B and C, to provide 100 cans of oil, but thereafter A refuses to provide the oil to B and C. Now in this case B and C can together file a single suit against the defendant for the damages. Where both B and C are plaintiffs. – This is Joinder of Plaintiffs.

The important terms here are there must be same transaction.

If A agrees to provide 100 can of oil to B , and after agrees to provide 100 can of oil to C at same or different rate, and if A refuses to provide the oil to both, then there cannot be joinder of plaintiffs as it is different transaction, there is no joint agreement .

RULE 2  -  Power of court to order separate trials

It states that if the court feels that any joinder of the plaintiffs may delay the trial or waste the time of the court, then the court has the power to separate the trial or suit and can separate to joinder of plaintiffs.

RULE 3  -  Joinder of Defendants ( who may be joined as defendants )

In this case, two or more defendants can join one suit, if the two conditions are satisfied –

a.       the right to relief alleged to exist against the defendants arise out of same act or transaction.

b.       The case is of such a nature that, if separate suits were brought against the defendants, any common question of law or facts would arise.

Rule 3 explains that if there are two or more defendants , they can join one suit if their actions together affect the right of the plaintiff and if separate suits are brought against them, there will same facts and question of law.

Illustrations : if B and C simultaneously assaults A, then A as a plaintiffs may join B and C as defendants and can bring action against the defendants i.e. B and C.

 if A,B,C,D entered into an agreement separately with E to supply 100 cans of oil, but if A,B,C,D fail to provide oil, then E cannot join the defendant , as there are four different contracts { usually the plaintiffs try to join the defendants to avoid the cost , as plaintiffs has to pay to send notice to the defendants , but this only possible when there is same transaction.}

RULE 3A – Power of court to order a separate trial , in joinder of defendants

It states that it is the power of the court  to 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.

Rule 4  -  Court may give judgment for or against one or more of joint parties

It is same as that of the joinder of the plaintiff or defendant, if there are joinder of plaintiff or joinder of defendant, then the court may give judgement for or against one or more of the plaintiffs, if found to be entitled to relief or for or  against the defendants as may be found liable.  Rule 4 explains that if there joinder of the plaintiffs or the defendants, then the court will give single  judgement in favour or against the plaintiffs or single judgement in favour or against the defendants.

RULE 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. Rule 5 explains that it not necessary that the relief claimed by the plaintiff , is against every defendant in one suit, one defendant’s action might cause less damages that that of the other defendant.

RULE 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. Rule 6 explains that, the plaintiff has the option to join as a party to same suit or one suit separately or jointly and separately , when there is a liability on any one contract which includes the parties to bill of exchange, hundis (a financial instrument used in medieval India in trade or credit transactions ) and promissory notes.

Illustrations : If A promises to sell his cows to B, C and D in a contract, and then later denies, then in this case , B , C and D can file suit together or separately or B will file separate suit and C and D will file together or B and C will file together , it is complete option of the plaintiff.

 

RULE 7  -  When plaintiff in doubt from whom redress is to be sought

 Where the plaintiff is in doubt as to  a 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.  Rule 7 clearly explains that if the plaintiff is in doubt as to which defendant caused him how much damage, or which the defendant is liable, then the plaintiff can join the two or more defendants and then examine which defendant is liable.

Illustrations : if there is collision between a car and a bus , bus belongs to B and the car belongs to C, Due to which the passenger A was injured , Here A may join B and C as defendants in his suit for the damages caused by the negligence of both or any one of them, once the liable defendant is proved , then the other defendant who is not liable is freed from the joinder of defendant, or if both are liable then they will compensate A for their negligence. Also, here there is common question of fact i.e. collision of vehicle.