Joinder of Parties CPC
Joinder of Parties under CPC
Meaning of Joinder of Parties
Joinder of parties means joining two or more parties (plaintiffs or defendants) in the same suit.
It allows multiple parties having common interest or rights concerning the subject matter to be included in a single suit.
The objective is to avoid multiple suits involving the same issues, thereby ensuring judicial economy and consistency in decisions.
Types of Joinder
Joinder of Plaintiffs
More than one plaintiff suing together.
Joinder of Defendants
More than one defendant sued together.
Proper Joinder
Parties who have a common interest or cause of action.
Improper Joinder
Parties joined without a common interest or cause of action.
Legal Provisions on Joinder of Parties
Order 1 Rule 1 CPC — Joinder of Parties
Order 1 Rule 1(1):
“All persons may be joined in one suit as plaintiffs, where they claim relief in respect of, or under, the same transaction, or series of transactions, and if such persons ought to be joined, all of them must be included in the same suit.”
Order 1 Rule 1(2):
“All persons may be joined as defendants against whom the plaintiff asserts any right to relief arising out of the same transaction or series of transactions.”
Order 1 Rule 2 CPC — Suit by or against One of Several Co-owners or Shareholders
If the suit concerns property held jointly or shares in a company, only some co-owners/shareholders may sue or be sued in certain circumstances.
Order 1 Rule 3 CPC — Suit by or against a Firm
Provides for suing or being sued in the name of the firm.
Order 1 Rule 10 CPC — Suit by or against Representative
Deals with suits by or against representatives, trustees, or legal heirs.
Purpose of Joinder
To ensure that all related claims are decided in a single proceeding.
Avoids conflicting judgments.
Promotes convenience and efficiency.
Reduces expenses and delays for parties and courts.
When Joinder is Proper
Joinder of parties is proper if:
The parties claim relief or are sued concerning the same transaction or series of transactions.
There is a common question of law or fact.
The parties are necessary or proper parties for a complete adjudication.
When Joinder is Improper
If the claims of the parties are disconnected or independent.
When inclusion causes prejudice or embarrassment to parties.
If the suit becomes complex without common cause of action.
Effect of Improper Joinder
The court may reject the plaint or sever the suit under Order 1 Rule 10 or Order 23 (withdrawal and splitting of suits).
The court may also allow amendment to correct joinder issues under Order 6 Rule 17.
Relevant Case Law
K.K. Verma vs Union of India, AIR 1966 SC 1083
The Supreme Court held that joinder is proper only when parties claim relief under the same transaction or series of transactions.
Daryao vs State of U.P., AIR 1961 SC 1457
The Court stressed the importance of commonality in cause of action for joinder of parties.
Indian Oil Corporation Ltd. vs NEPC India Ltd., AIR 1998 SC 1130
Held that joinder of parties should not be allowed if it causes confusion or complicates the case unnecessarily.
M.C. Chockalingam vs State of Madras, AIR 1958 SC 476
Reiterated that joinder must be in accordance with CPC provisions and based on common cause of action.
Salem Advocate Bar Association vs Union of India, AIR 2005 SC 3353
Emphasized judicial economy through proper joinder but cautioned against improper multiplicity of parties.
Examples of Joinder
Multiple plaintiffs jointly claiming ownership of a property can join in one suit.
Multiple defendants jointly responsible for a breach of contract can be sued together.
If one cause of action relates to sale of goods and another to personal injury, joinder is improper.
Summary Table
| Aspect | Details |
|---|---|
| Governing Rule | Order 1 Rule 1, CPC |
| Who can be joined? | Plaintiffs/defendants with claims/defenses in same transaction |
| Purpose | Avoid multiple suits, ensure consistent decisions |
| Proper Joinder | Common transaction or series of transactions |
| Improper Joinder | Disconnected claims, causes prejudice or confusion |
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