Order I CPC: Rules 1, 2, 3, 3A and State Rule 3B
Order I of the First Schedule to the Code of Civil Procedure, 1908 deals with parties to suits. Rules 1 and 3 state when several persons may be joined as plaintiffs or defendants. Rules 2 and 3A empower the Court to order separate trials where joinder may embarrass or delay the trial. This page also reproduces the relevant Bihar amendment to Rule 3 and the Madhya Pradesh State amendment inserting Rule 3B.
Who May Be Joined as Plaintiffs?
All persons may be joined in one suit as plaintiffs where:
- 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
- if such persons brought separate suits, any common question of law or fact would arise.
Power of Court to Order Separate Trials
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, order separate trials, or make such other order as may be expedient.
Who May Be Joined as Defendants?
All persons may be joined in one suit as defendants where:
- 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
- if separate suits were brought against such persons, any common question of law or fact would arise.
Bihar State Amendment to Order I Rule 3
In its application to the Scheduled Areas in Bihar, the amendment requires the concerned Deputy Commissioner also to be joined as a defendant in suits for declaration of title or possession concerning immovable property of a member of a Scheduled Tribe specified in the Constitution (Scheduled Tribes) Order, 1950.
Source noted in the page: Bihar Scheduled Areas Regulation, 1969 (Regulation 1 of 1969).
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 make such other order as may be expedient in the interests of justice.
Madhya Pradesh State Amendment - Order I Rule 3B
Conditions for entertainment of suits: the Madhya Pradesh amendment applies to specified suits or proceedings relating to agricultural land where a return under Section 9 of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 has been or is required to be filed.
In such cases, where the plaintiff or applicant knows or has reason to believe that the statutory return has been or is required to be filed, the State of Madhya Pradesh must be impleaded as a defendant or non-applicant.
The amendment also applies to pending suits or proceedings of the specified nature and requires the State Government to be impleaded before the Court proceeds further.
For this State amendment, "suit or proceeding" includes an appeal, reference or revision, but excludes proceedings for or connected with execution of a decree or final order passed in such suit or proceeding.
Source noted in the page: Madhya Pradesh Act 29 of 1984, section 5.