JOINDER OF CAUSES OF ACTION CPC

March 14, 2019 | Author: sanjana jamwal | Category: Joinder, Lawsuit, Cause Of Action, Damages, Plaintiff
Share Embed Donate


Short Description

CPC...

Description

1 | Page Causes of Action

 J o i n d e r o f

Order 1, Rule 3 and Order 2 Rule 3, if read together indicate that the question of joinder of parties also involves joinder of  causes of action. The simple principle is that a person is made a party in his suit ecause there is a cause of action against him and !hen actions are joined, the parties are also joined. 1 "t is to e read suject to the provisions of Rule #$% elo! as is sho!n y the !ords save as other!ise provided. "t is also to e read suject to the provisions of order 1 rule 1$3. The frame of a suit may not e supported y this rule, and yet it may e justi&ed y order1 rule1, order1 rule3. Rule '() of this order are to e read !ith this rule. *hen the conditions laid do!n in the rule are ar e sati satis& s&ed, ed, the the suit suit is main mainta tain ina ale le !ith !ithou outt regar egard d to the the question of convenience or inconvenience. +ection 1% and 1' of the Provincial +mall auses ourts -ct 1) ta/e out the po!er of joinder of causes of action from the operation of this su$rule. 0oinder of dierent cause of action is permissile only if the ourt is trying them has jurisdiction in respe espect ct of all all caus causes es of acti action on.. ence ence,, a caus cause e of acti action on eclusively triale y a small cause court cannot e joined !ith another cause of action in respect of !hich a civil court has  jurisdiction, since the latter court has no jurisdiction to try a cause eclusively triale y small cause court.  The oject of the rule is to prevent multiplicity of suits. The underlying principle is that a defendant is not to e veed t!ice for one and the same cause of action 1 "sh!ar 4hai  Patel v. arihar 4ehra 516667 2 8R" 3'.

2 | Page Causes of Action

 J o i n d e r o f

CAUSE OF ACTION ause of action may e descried as 9a undle of essential facts, !hich it is necessary for the plainti to prove efore he can succeed:. - cause of action is the foundation of a suit. "t must e antecedent to the institution of a suit and on the asis of it the suit must have een &led. "f a plaint does not disclose a cause of action, a court !ill reject such plaint.

Rule 3 contemplates # /ind of situations ;

i.

ONE ONE PLAINT PLAINTIFF IFF, ONE ONE DEFEN DEFENDA DANT NT AND AND SEVERA SEVERAL L CAUSES OF ACTION

*her *here e ther here is only nly one plai plaint nti i and and one one defe defend ndan ant, t, the plainti is at lierty to unite in the same suit several causes of  action. 4ut if it appears to the court that the joinder of causes of acti action on may may ema emarrra rass ss or dela delay y the the tria triall or is othe other! r!is ise e inconvenient, the court may order separate trials.2
View more...

Comments

Copyright ©2017 chineseinfo.info Inc.
SUPPORT chineseinfo.info