ORDER I RULE 1, 2, 3, 3A CODE OF CIVIL PROCEDURE 1908

Who may be joined as plaintiffs? What is Power of court to order separate trails? Who may be joined as defendants? What is Power to order separate trials where joinder of defendants may embarrass or delay trial?, What are the Conditions for entertainment of suits? Rule 1, 2, 3, 3A and 3B of Order I of Code of Civil Procedure 1908

Who may be joined as plaintiffs, Power of court to order separate trails, Who may be joined as defendants, Power to order separate trials where joinder of defendants may embarrass or delay trial and Conditions for entertainment of suits are defined under Rule 1, 2, 3 and 3A of Order I of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order I of Code of Civil Procedure 1908 "Who may be joined as plaintiffs"

All persons may be joined in one suit as plaintiffs where-

(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and

(b) if such persons brought separate suits, any common question of law or fact would arise

Rule 2 Order I of Code of Civil Procedure 1908 "Power of court to order separate trails"

Where it appears to the court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient

Rule 3 Order I of Code of Civil Procedure 1908 "Who may be joined as defendants"

All persons may be joined in one suit as defendants where-

(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and

(b) if separate suits were brought against such persons, any common question of law or fact would arise.

HIGH COURT AMENDMENT

BIHAR.-In its application to the Scheduled Areas in the State of Bihar for the peace and good Government of the said areas the following proviso shall be added, namely:

"Provided that in suits for declaration of title or for possession relating to immovable properties of a member of the Scheduled Tribes as specified in Part III to the Schedule to the Constitution (Scheduled Tribes) Order, 1950, the Deputy Commissioner concerned shall also be joined as a defendant"

- Bihar Regulation 1 of 1969, published in Bihar Gazette, Extra, Dated 9.2.1969.

Rule 3A Order I of Code of Civil Procedure 1908 "Power to order separate trials where joinder of defendants may embarrass or delay trial"

Where it appears to the court that any joinder of defendants may embarrass or delay the trial of the suit, the court may order separate trials or makes such other order as may be expedient in the interests of justice.

HIGH COURT AMENDMENT

MADHYA PRADESH.-In order 1 of First Schedule to the principal Act, after Rule 3-A, the following rule shall be inserted, namely: -

Rule 3B Order I of Code of Civil Procedure 1908 "Conditions for entertainment of suits"
(1) No suit or proceeding for:

(a) declaration of title or any right over any agricultural land, with or without any other relief; or

(b) specific performance of any contract for transfer of any agricultural land, with or without any other relief, shall be entertained by any Court, unless the plaintiff or applicant, as the case may be, knowing or having reason to believe that a return under Section 9 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (No.20 of 1960) in relation to land aforesaid has been or is required to be filed by him or by any other person before competent authority appointed under that Act, has impleaded the State of Madhya Pradesh as one of the defendants or non-applicants, as the case may be, to such suit or proceeding.

(2) No Court shall proceed with pending suit or proceeding referred to in sub-rule (1) unles, as soon as may be, the State Government is so impleaded as a defendant or non-applicant.

Explanation .-The expression "suit or proceeding" used in this sub-rule shall include appeal, reference or revision, but shall not include any proceeding for or connected with execution of any decree or final order passed in such suit or proceeding" - M.P. Act 29 of 1984, S. 5 (14.8.1984).

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