Parties to a Suit (Order I)
General Principles regarding Parties
Who can be a plaintiff and a defendant
According to the general rule of civil law, every person who is capable of suing or being sued may be a party to a suit. This includes individuals, firms, companies, societies, and government entities.
As per Order I Rule 1 of the Code of Civil Procedure, all persons claiming a right to relief arising out of the same act or series of acts may join as plaintiffs in one suit.
Similarly, Rule 3 of Order I allows for all persons against whom any right to relief is alleged to exist, to be joined as defendants if the cause of action is common.
Illustration:
If a group of tenants jointly damage a property, the landlord may sue all of them together in one suit, as the cause of action is the same.
Minors and persons of unsound mind
Persons who are minors or of unsound mind cannot sue or be sued directly in their own name. They must sue or be sued through a “next friend” or guardian ad litem as provided under Order XXXII of CPC.
A minor cannot appoint a legal representative. The court ensures that the interests of such parties are protected during the proceedings. Any decree passed without representation of a minor is voidable at the instance of the minor.
Example 1. Can a 15-year-old child file a property partition suit?
Answer:
Joinder and Misjoinder of Parties
Order I Rules 1 and 3 (Joinder)
Joinder of parties refers to joining multiple parties in a single suit if they are connected by a common cause of action or legal interest.
Under Rule 1: All persons may be joined as plaintiffs if the right to relief arises from the same transaction.
Under Rule 3: All persons may be joined as defendants where the right to relief is alleged to exist against them jointly or severally in respect of the same cause of action.
Advantages:
- Prevents multiplicity of suits
- Saves time and court resources
- Ensures consistency in judgments
Order I Rule 9 (Misjoinder and Non-joinder)
Misjoinder occurs when a wrong party is joined.
Non-joinder is the omission to join a necessary party.
Rule 9 provides that no suit shall be defeated by reason of misjoinder or non-joinder of parties unless the party omitted is a necessary party.
The court can add or strike out parties under Order I Rule 10 at any stage to ensure complete and effective adjudication.
Effect of non-joinder of necessary party
Where a necessary party is not joined, the suit is liable to be dismissed as no effective decree can be passed in its absence.
However, if an unnecessary party is joined, the court may ignore it or remove the name from the suit record.
Example 2. A files a suit against B for possession of property but omits C, who is a co-owner. Is the suit maintainable?
Answer:
Representative Suits
Order I Rule 8
When numerous persons have the same interest in one suit, one or more of them may, with the permission of the court, sue or be sued on behalf of all under Order I Rule 8.
This is known as a representative suit. It avoids the need for every individual to file a separate suit and ensures uniformity of decisions.
Conditions and procedure
Essential conditions for filing a representative suit:
- There must be numerous persons having the same interest
- Permission of the court is mandatory
- Notice must be served to all interested parties
Effect: The decree passed in a representative suit binds all persons so represented, provided the above conditions are met.
Example 3. Can residents of a colony file a joint suit against illegal construction on public land?
Answer:
Frame of Suit (Order II)
Rule that every suit shall include the whole claim
Order II Rule 2 (Relinquishment of part of claim)
Order II Rule 2 of the Code of Civil Procedure mandates that every suit must include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action. If the plaintiff omits or relinquishes a part of the claim, they are barred from suing for it later.
Purpose: To prevent multiplicity of suits and harassment to the defendant by splitting claims.
Key Points:
- A plaintiff cannot later sue for the part of the claim relinquished in the earlier suit.
- If a plaintiff omits part of the claim without the court’s leave, it acts as a bar to subsequent suits.
Example 1. A lends B ₹50,000 and sues for recovery of ₹30,000 without reserving the right to sue for the balance. Can A later claim ₹20,000?
Answer:
Joinder of Causes of Action
Order II Rule 3
Order II Rule 3 allows a plaintiff to unite several causes of action in the same suit against the same defendant or defendants jointly. This helps in saving time and judicial resources.
Requirements:
- The causes of action must arise against the same defendant(s)
- The court should be competent to try all joined causes
Illustration:
A can sue B for breach of contract and also for defamation in the same suit, if both causes arose from the same facts and against the same person.
Misjoinder of causes of action
Misjoinder occurs when unrelated causes of action are joined in a single suit, especially when they involve different defendants and are not arising from the same transaction.
In such cases, the court may:
- Direct the plaintiff to file separate suits for each cause of action
- Strike out irrelevant claims
- Order separate trials for proper adjudication
Example 2. A sues B for money lent and also includes a claim for personal injury caused in a road accident. Is it maintainable?
Answer: