Order I CPC Rules 4, 5, 6, 7, 8 and 8A
Order I of the First Schedule to the Code of Civil Procedure, 1908 deals with parties to suits. Rules 4 to 8A address judgment involving joint parties, the scope of relief against defendants, joinder of persons liable on the same contract, cases where the plaintiff is uncertain about the person liable, representative suits, and participation by a person or body interested in a substantial question of law.
Court May Give Judgment for or Against One or More Joint Parties
Judgment may be given without any amendment:
- for such one or more of the plaintiffs as may be found entitled to relief, for such relief as he or they may be entitled to; and
- against such one or more of the defendants as may be found liable, according to their respective liabilities.
Defendant Need Not Be Interested in All the Relief Claimed
It is not necessary that every defendant should be interested in all the relief claimed in a suit against him.
Joinder of Parties Liable on the Same Contract
The plaintiff may, at his option, join as parties to the same suit all or any persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange, hundis and promissory notes.
When the Plaintiff Is in Doubt from Whom Redress Is to Be Sought
Where the plaintiff is in doubt as to the person from whom he is entitled to obtain redress, he may join two or more defendants so that the Court can determine which defendant is liable and to what extent.
One Person May Sue or Defend on Behalf of All Having the Same Interest
Sub-rule (1): Where there are numerous persons having the same interest in one suit:
- one or more of them may, with the permission of the Court, sue or be sued, or defend the suit, on behalf of or for the benefit of all persons so interested; or
- the Court may direct that one or more of such persons may sue or be sued, or defend the suit, on behalf of or for the benefit of all persons so interested.
Sub-rule (2): Where permission or a direction is given under sub-rule (1), notice of the institution of the suit must be given, at the plaintiff's expense, to all persons so interested. The notice may be by personal service or, where that is not reasonably practicable because of the number of persons or another cause, by public advertisement as directed by the Court.
Sub-rule (3): Any person on whose behalf or for whose benefit the suit is instituted or defended may apply to the Court to be made a party to the suit.
Sub-rule (4): A claim in such a suit cannot be abandoned, the suit cannot be withdrawn, and an agreement, compromise or satisfaction cannot be recorded without notice to all persons interested in the manner required by sub-rule (2).
Sub-rule (5): If a person suing or defending in a representative capacity does not proceed with due diligence, the Court may substitute another person having the same interest.
Sub-rule (6): A decree passed in a suit under Rule 8 binds all persons on whose behalf or for whose benefit the suit is instituted or defended.
Explanation: To determine whether persons have the same interest in one suit, it is not necessary that they have the same cause of action as the persons on whose behalf or for whose benefit they sue, are sued, or defend the suit.
Power of Court to Permit an Interested Person or Body to Present an Opinion
While trying a suit, the Court may permit a person or body of persons to present an opinion and participate in the proceedings to the extent specified by the Court if:
- the person or body is interested in a question of law directly and substantially in issue in the suit; and
- the Court is satisfied that allowing such participation is necessary in the public interest.