Parties to Suit
Basic Essential of Suit:-
- Parties
- Cause of Action
- Subject matter of suit.
- Relief Claim
Parties to Suit:-
- 1 Plaintiff
- 2 Defendant
Joinder of Parties:-
1.
Joinder of Plaintiff (O1 R1)
2.
Joimder of Defendant( O1 R3)
3.
Joinder of Cause of action (O2 R3)
Joinder of Plaintiff (O1 R1) : There is two condition mentioned
1. When
plaintiff has right to relief which arise from one act or single transaction –
Single Act…
2. If Every plaintiff given right to file suit
differently then a common question would arise ----Common Question
Joinder of Defendants :- O1 R3
1.
Same act or transaction or series of acts or
transaction.
2.
Any Common Question of Law.
Joinder of Defendants : - O1 R7
Where it is doubt from whom relief can be drawn
– Then suit may be filed against all of such parties.
Misjoinder and Non Joinder
Non Joinder:- Where a person who is necessary or proper
party to a suit has not been joined as a party to a suit has not been joined as
a party to the suit. It is case of Non Joinder.
Mis-Joinder :- Where two or more persons are joined as
plaintiff or defendant in one suit in contravention of O1R1 and R3 respectively
and they are neither necessary nor proper party it is a case of Misjoinder of
Parties.
Necessary Party : - Party Against whom a relief is sought and
in whose absence no decree or effective order can be passed.
Proper Party : - Proper
parties is one in whose absence effective order can be passed but whose
presence is necessary for complete and final decision of the case.
Objection against Misjoinder or Non
Joinder : - O1 R13
Objection - Misjoinder and Non-joinder
In all cases where issues are
settled at or before such settlement.
Effect: - O1 R9
No Suit shall be defeated by reason of Mis-Joinder or non-joinder of
parties.
Proviso of
Order 1 R 9 : - Non – Joinder of necessary party would defeat the suit.
Effect: -
Sec. 99 CPC also Talk about as stated in O1 R9
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