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Uploaded byDr. Vikas Khakare
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Code of civil procedure 1908 parties to suit

This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.

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Dr. Khakare Vikas Code of Civil Procedure 1908 Parties to suit (Order I Rule 1 to 13) Dr. Khakare Vikas Asso. Prof. Narayanrao Chavan Law College, Nanded, India
Dr. Khakare Vikas Parties to suit • Parties to suit are plaintiff and defendant. • In pleading name, age, occupation and place of residence be mentioned. • In case of more plaintiff or defendant parties shall be numbered consecutively. • If a person is having legal disability, suit may be filed through guardian or next friend. • Generally every person is deemed competent to be party to suit.
Dr. Khakare Vikas Plaintiff and Defendant • Plaintiff is the person whose legal right has been infringed and who has filed suit for its enforcement. Plaintiff files suit by presenting plaint in the Court. In the plaint, he makes allegations on defendant and claims remedies against defendant. • Defendant is the person who infringed plaintiff's legal right and has been sued by plaintiff. In his reply i.e. written statement defendant takes defences to avoid or reduce his liability.
Dr. Khakare Vikas Joinder of parties • Joinder of parties means joining a person as a party either as plaintiff or defendant. If there is common grievance or claim, they may be joined in one suit. One or more plaintiff may file a suit against one or more defendant.
Dr. Khakare Vikas Joinder of plaintiff • More than one plaintiff may be joined in a suit. All persons can be joined in one suit as plaintiff 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.[ Order I Rule 1.] • 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 trial.[ Order I Rule 2]
Dr. Khakare Vikas Joinder of defendant • More than one defendant may be joined in a suit. All persons can be joined in one suit as defendant 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.[ Order I Rule 3] • If there are more defendants, it shall not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him.
Dr. Khakare Vikas Nonjoinder and Misjoinder of parties • When a person is not joined as party to suit is called as nonjoinder of party. • When a person who is neither necessary nor proper party; is joined as party is called as misjoinder of party. • A suit will not be defeated by nonjoinder or misjoinder of parties. And Court may proceed in the matter in respect of rights of parties present before Court.[ Order I Rule 9] • All objections on the ground of non- joinder or mis joinder of parties shall be taken at the earliest possible opportunity. [Order I Rule 13]
Dr. Khakare Vikas Strike out or Add party • Where a wrong person is included as plaintiff, Court may at any stage of the suit, upon satisfaction, order any other person to be substituted or added as plaintiff. • Where name of any party is improperly joined as plaintiff or defendant, on application or otherwise may struck out such party. • Court may add name of party whose presence is necessary for effective and complete adjudication of the suit. [ Order I, Rule 10]
Dr. Khakare Vikas One person may sue or defend on behalf of all in same interest[Order I Rule 8] • When one or more person, on behalf of themselves and others, files a suit is called as ‘representative suit’. • 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. • For such representative suit special procedure is prescribed which must be followed. [Order I Rule 8] • There are some condition for such institution of suit.. i. Parties must be numerous. Numerous means, many or great/large in numbers. There is no specific number of parties.
Dr. Khakare Vikas --- ii. They must have same or common interest in the suit. They must have a common grievance but it is not necessary that they should have same cause of action. iii. Permission of the Court must be obtained. After receipt of such application, Court shall, at plaintiffs expenses give notice to all persons so interested. Such notice may be given by personal service or by public advertisement. After this, Court may allow application and suit will be proceeded as representative suit.
Dr. Khakare Vikas --- • Any part of claim shall not be abandoned, no such suit shall be withdrawn, no agreement, compromise or satisfaction shall be recorded in any such suit unless the Court has given, at the plaintiffs expense, notice to all persons so interested in the suit. • 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.
Dr. Khakare Vikas Appearance of one of several plaintiffs or defendants • If there are more than one plaintiff or defendant, then any one of them may be authorised to appear, plead and act for others. [Order I Rule 12]
Dr. Khakare Vikas Thank you.