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.

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