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ORDER I RULE 9, 10, 11, 12, 13 OF CODE OF CIVIL PROCEDURE 1908

What is Misjoinder and nonjoinder? What is Suit in name of wrong plaintiff? What is Conduct of suit? What is Appearance of one of several plaintiffs or defendants for others? What is Objections as to nonjoinder or misjoinder? Rule 9, 10, 11, 12 and 13 of Order I of Code of Civil Procedure 1908

Misjoinder and nonjoinder, Suit in name of wrong plaintiff, Conduct of suit, Appearance of one of several plaintiffs or defendants for others and Objections as to nonjoinder or misjoinder are defined under Rule 9, 10, 11, 12  and 13 of Order I of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 9 Order I of Code of Civil Procedure 1908 "Misjoinder and nonjoinder"

No suit shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it :

Provided that nothing in this rule shall apply to nonjoinder of a necessary party.

 

Rule 10 Order I of Code of Civil Procedure 1908 "Suit in name of wrong plaintiff"

(1) Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just.

(2) Court may strike out or add parties- The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joinded, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.

(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability without his consent.

(4) Where defendant added, plaint to be amended- Where a defendant is added, the plaint shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the original defendant.

(5) Subject to the provisions of the Indian Limitation Act, 1877 (15 of 1877), section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.

Rule 10A Order I of Code of Civil Procedure 1908 "Power of Court to request any pleader to address it"

The Court may, in its discretion, request any pleader to address it as to any interest which is likely to be affected by its decision on any matter in issue in any suit or proceeding, if the party having the interest which is likely to be so affected is not represented by any pleader

Rule 11 Order I of Code of Civil Procedure 1908 "Conduct of suit"

The Court may give the conduct of a suit to such persons as it deems proper.

Rule 12 Order I of Code of Civil Procedure 1908 "Appearance of one of several plaintiffs or defendants for others"

(1) Where there are more plaintiffs than one, any one or more of them may be authorized by any other of them to appear, plead or act for such other in any proceeding; and in like manner, where there are more defendants than one, any one or more of them may be authorized by any other of them to appear, plead or act for such other in any proceeding.

(2) The authority shall be in writing signed by the party giving it and shall be filed in Court.

Rule 13 Order I of Code of Civil Procedure 1908 "Objections as to nonjoinder or misjoinder"

All objections on the ground of nonjoinder or misjoinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived.

Code of Civil Procedure 1908

ORDER I PARTIES TO SUIT

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

What is the meaning of Court may give judgment for or against one or more of joint parties? What is the meaning of Defendant need not be interested in all the relief claimed? What is the meaning of Joinder of parties liable on same contract? When plaintiff in doubt from whom redress is to be sought? What is the meaning One person may sue or defend on behalf of all in same interest? What is the Power of court to permit a person or body of persons to present opinion or to take part in the proceedings? Rule 4, 5, 6, 7, 8 and 8A of Order I of Code of Civil Procedure 1908

What is Misjoinder and nonjoinder? What is Suit in name of wrong plaintiff? What is Conduct of suit? What is Appearance of one of several plaintiffs or defendants for others? What is Objections as to nonjoinder or misjoinder? Rule 9, 10, 11, 12 and 13 of Order I of Code of Civil Procedure 1908

ORDER II FRAME OF SUIT

What is Frame of suit?, What is the meaning Suit to include the whole claim?, What is Joinder of causes of action?, What is the meaning of Only certain claims to be joined for recovery of immovable property?, What is Claims by or against executor?, Who is administrator or heir?, What is Power of Court to order separate trials?, What is Objections as to misjoinder? Rule 1, 2, 3, 4, 5, 6 and 7 of Order II of Code of Civil Procedure 1908

ORDER III RECOGNIZED AGENTS AND PLEADERS

What is the meaning of Appearance etc may be in person by recognized agent or by pleader?, Who are Recognized agents?, How is Service of process on recognized agent?, What is Appointment of pleader?, What is Service of process on pleader?, What is the meaning Agents to accept service? Rule 1, 2, 3, 4, 5 and 6 of Order III of Code of Civil Procedure 1908

ORDER IV INSTITUTION OF SUITS

What is the meaning of Suit to be commenced by plaint? What is Register of suits? Rule 1 and 2 of Order IV of Code of Civil Procedure 1908

ORDER V ISSUE AND SERVICE OF SUMMONS

What is Summons? What is the Copy or statement annexed to summons? What is the meaning of Court may order defendant or plaintiff to appear in person? What is the meaning of No party to be ordered to appear in person unless resident within certain limits? What is the meaning of Summons to be either to settle issues or for final disposal? Rule 1, 2, 3, 4 and 5 of Order V of Code of Civil Procedure 1908

How is Fixing day for appearance of defendant? What is Summons to order defendant to produce documents relied on by him? What is the meaning of On issue of summons for final disposal, defendant to be directed to produce his witnesses? What is Delivery or transmission of summons for service? What is the Mode of service? Rule 6, 7, 8, 9 and 10 of Order V of Code of Civil Procedure 1908

How to complete Service on several defendants? What is the meaning Service to be on defendant on person when practicable, or on his agent? What is Service on agent by whom defendant carries on business? How is Service on agent in charge in suits for immovable property? Where service may be on an adult member of defendant's family? Rule 11, 12, 13, 14 and 15 of Order V of Code of Civil Procedure 1908

What is the meaning of Person served to sign acknowledgement? What is the Procedure when defendant refuses to accept service, or cannot he found? What is Endorsement of time and manner of service? What is Examination of serving officer? What is Simultaneous issue of summons for service by post in addition to personal service? What is Substituted services? Rule 16, 17, 18, 19, 19A and 20 of Order V of Code of Civil Procedure 1908

What is the method of Service of summons where defendant resides within jurisdiction of another Court? What is Service within presidency-towns of summons issued by Courts outside? What is the Duty of Court to which summons is sent? What is the mode of Service on defendant in prison? How to Service where defendant resides out of India and has no agent? Rule 21, 22, 23, 24 and 25 of Order V of Code of Civil Procedure 1908

How to do Service in foreign territory through Political Agent or Court- Where? How Summonses to be sent to officer to foreign countries? How to do Service on civil public officer or on servant of railway company or local authority? How to do Service on soldiers, sailors or airmen? What is the Duty of person to whom summons is delivered or sent for service? What is Substitution of letter for summons? Rule 26, 26A, 27, 28, 29 and 30 of Order V of Code of Civil Procedure 1908


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