Thanks to visit codestin.com
Credit goes to www.scribd.com

Scribd
Upload
34 views2 pages

CPC Class Notes 7

The document discusses the rules around joinder of parties in a civil suit according to Order 1 of the Code of Civil Procedure. It notes that a necessary party is one whose presence is essential to the case, while a proper party is not absolutely required but their presence facilitates a complete decision. It outlines rules 1, 2, 3, 3A governing joinder of multiple plaintiffs or defendants if their matters are connected. The document provides an example of how the joinder rules apply if more than two people are assaulted. It also mentions other rules around joining liable parties, representation of multiple parties, and authorizing another to act on one's behalf in legal proceedings.

Uploaded by

Kirti Goyal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
34 views2 pages

CPC Class Notes 7

The document discusses the rules around joinder of parties in a civil suit according to Order 1 of the Code of Civil Procedure. It notes that a necessary party is one whose presence is essential to the case, while a proper party is not absolutely required but their presence facilitates a complete decision. It outlines rules 1, 2, 3, 3A governing joinder of multiple plaintiffs or defendants if their matters are connected. The document provides an example of how the joinder rules apply if more than two people are assaulted. It also mentions other rules around joining liable parties, representation of multiple parties, and authorizing another to act on one's behalf in legal proceedings.

Uploaded by

Kirti Goyal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

[9:23 AM] Dr.

Ashu Maharshi

Order 1 Rule 8-Sec 11 Exp 6

[9:23 AM] Dr. Ashu Maharshi

Order 1(Rule 1,2,3,3A)

[9:24 AM] Dr. Ashu Maharshi

Rule 9,10

[9:24 AM] Dr. Ashu Maharshi

Rule 13

[9:28 AM] Dr. Ashu Maharshi

Parties to suit: Order 1:

[9:41 AM] Dr. Ashu Maharshi

In a civil suit, the presence of both the plaintiff, who files the suit, and the defendant,
who is sued, is necessary. In each case there are two categories; first one is the necessary
party and the other is proper party. A necessary party is one whose presence is
indispensable to the constitution of the suit, against whom the relief is sought and
without whom no effective order can be passed. A proper party is one in whose absence
an effective order can be passed, but whose presence is necessary for a complete and
final decision on the question involved in the proceeding.

 Where the number of plaintiff/defendants is one, no dispute arises regarding their


representation; but some uniform rules become mandatory if this number crosses this
limit. Order 1 contains these rules
 · Joinder of parties: Rules 1, 2, 3, 3A: by Dr. Ashu Maharshi

Dr. Ashu Maharshi9:51 AM


· Joinder of parties: Rules 1, 2, 3, 3A:

Example: Where A assaults B, the latter may sue A for tort, as individually affects him. The
question of joinder of parties arises only when an act is done by two or more persons or it
affects two or more persons. Thus, if A assaults B and C, or A and B assaults C or A and B
assaults C and D, the question of joinder of parties arises

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 (Rule 6). When the plaintiff is in doubt regarding the joinder of persons
from whom he is entitled to obtain redress, he may join two or more such defendants (Rule 7). It
shall not be necessary that every defendant shall be interested as to all the relief claimed in any
suit against him (Rule 5). As per Rule 12(1), where there are more plaintiffs than one, any one or
more of them may be authorised 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. Sub-rule (2) says, the authority shall be in writing signed by the party giving it
and shall be filed in court.

You might also like