Parties to suit

(Order I Rule 1 to 13)

Code of civil procedure 1908

Parties to suit

• Parties to suit are plaintiff and defendant.

• In pleading name, age, occupation and place of
residence be mentioned.
• In case of more plaintiff or defendant parties shall
be numbered consecutively.
• If a person is having legal disability, suit may be filed
through guardian or next friend.
• Generally every person is deemed competent to be
party to suit.
Plaintiff and Defendant

• Plaintiff is the person whose legal right has been

infringed and who has filed suit for its enforcement.
Plaintiff files suit by presenting plaint in the Court.
In the plaint, he makes allegations on defendant
and claims remedies against defendant.
• Defendant is the person who infringed plaintiff's
legal right and has been sued by plaintiff. In his
reply i.e. written statement defendant takes
defences to avoid or reduce his liability.
Joinder of parties

• Joinder of parties means joining a person as a party

either as plaintiff or defendant. If there is common
grievance or claim, they may be joined in one suit.
One or more plaintiff may file a suit against one or
more defendant.
Joinder of plaintiff

• More than one plaintiff may be joined in a suit. All

persons can be joined in one suit as plaintiff 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.[ Order I Rule 1.]
• 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 trial.[ Order I Rule 2]
Joinder of defendant

• More than one defendant may be joined in a suit. All

persons can be joined in one suit as defendant 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.
[ Order I Rule 3]
c. If there are more defendants, it shall not be necessary
that every defendant shall be interested as to all the
relief claimed in any suit against him.
Non joinder and Misjoinder of parties

• When a person is not joined as party to suit is called

as non joinder of party.
• When a person who is neither necessary nor proper
party; is joined as party is called as misjoinder of party.
• A suit will not be defeated by non joinder or
misjoinder of parties. And Court may proceed in the
matter in respect of rights of parties present before
Court. [ Order I Rule 9]
• All objections on the ground of non- joinder or
misjoinder of parties shall be taken at the earliest
possible opportunity. [Order I Rule 13]
Strike out or Add party

• Where a wrong person is included as plaintiff, Court

may at any stage of the suit, upon satisfaction,
order any other person to be substituted or added
as plaintiff.
• Where name of any party is improperly joined as
plaintiff or defendant, on application or otherwise
may struck out such party.
• Court may add name of party whose presence is
necessary for effective and complete adjudication
of the suit. [ Order I, Rule 10]
One person may sue or defend on behalf
of all in same interest [Order I Rule 8]

• When one or more person, on behalf of themselves and

others, files a suit is called as ‘representative suit’.
• One or more of such persons may, with the permission
of the Court, sue or be sued, or may defend such suit, on
behalf of, or for the benefit of, all persons so interested.
• For such representative suit special procedure is
prescribed which must be followed. [Order I Rule 8]
• There are some condition for such institution of suit
i. Parties must be numerous. Numerous means, many or
great/large in numbers. There is no specific number of
parties.
ii. They must have same or common interest in the
suit. They must have a common grievance but it is not
necessary that they should have same cause of action.
iii. Permission of the Court must be obtained.
After receipt of such application, Court shall, at
plaintiffs expenses give notice to all persons so
interested. Such notice may be given by personal
service or by public advertisement.
After this, Court may allow application and suit will be
proceeded as representative suit.
• Any part of claim shall not be abandoned, no such
suit shall be withdrawn, no agreement, compromise
or satisfaction shall be recorded in any such suit
unless the Court has given, at the plaintiffs expense,
notice to all persons so interested in the suit.
• A decree passed in a suit under this rule shall be
binding on all persons on whose behalf, or for
whose benefit, the suit is instituted, or defended, as
the case may be.
Appearance of one of several
plaintiffs or defendants
• If there are more than one plaintiff or defendant,
then any one of them may be authorised to appear,
plead and act for others. [Order I Rule 12]
 Presented by

Aditya Yash Vyas

Roll no. 48

Thank you.