Joinder of Parties

The question of Joinder of parties may aries either as a regard the plaintiffs or as regards the defendant. An act may be done by a single individual and may adversely affects another individual. In that case, the  “joinder of parties” does not arise. The question of joinder of parties arise only when an act is done by two or more person or it affects two or more persons.

(Also Read: Section 125 or Domestic Violence act here )

Order 1 Rule 1 of Joinder of Parties

What do you mean by Joinder of Plaintiff.

It states that all person may be joined in one suit as a plaintiff if the following two condition are full field:-

  • The right to relief alleged to exist in each plaintiff arise out of same act or same transaction: and
  • The case is of such nature a character that if such person brought separate suit, any common question of law or fact would arises.

 

For Example:-

A and B throw C out of the house.

Cause of Action:- Same, or Both A and B can file a Case jointly.

Order 1 Rule 3 of Joinder of Parties

 

Joiner Of Defendant – Joinder of Parties

It states that all person may be joined in one suit of defendant if the following two condition are full field:-

  • The right to relief alleged to exist in each defendant  arise out of same act or same transaction: and
  • The case is of such nature a character that if such person brought separate suit, any common question of law or fact would arises.

 

For Example:-

A Throw C and D out of the house.

A will Jointly file a plaint against C and D

 

Order 1 Rule 10 under Joinder of parties

Performa Defendant:

  • C throw B and A out of the House.
  • B dose not want to inlove in this case.
  • Then A will make B also as a defendant but only for name sake.

 

A and B are joint owner of the house and C dispossed them since B does not want to be Co- plaintiff in the suit, so A made him Co-defendant.

 

Example:-

Since there is no conflict of interest between A and B. B is merely a performa defendant, bu doing this A is merely examine that B become party to the suitand to avoid the suit to become infrustious.

Whenever there are two or more parties who have jointly interest in the subject matter of the suit and one of them is not willing to become a plaintiff, the other plaintiff can make him the co-defendant, this conflict of interest is with other defendant and not with the plaintiff or with the plaintiff he has a joint interest. Such a defendant who has been a defendant only in order to avoid the suit become infructious on the decree becoming inexcutable, will be called a performa defendant, such a defendant can always be transposed by the court from the position of defendant to that of the plaintiff.

 

Non Joinder ( Joinder Of Parties)

Where a person who is a necessary party to a suit has not been joined as a party to the suit, it is case of non-joinder. If the decree cannot be effective without the absent parties the suit is liable to be dismissed.

 

Miss Joinder – Joinder of Plaintiff

Where there are more plaintiff than one and they are joinder together in one suit but the right to relief alleged to exist in such but the right to relief alleged to exist in such plaintiff does not arise of the same act or transaction and if separate suit were brought no common question of law or fact would arise, it is a case of miss joinder of plaintiff. Miss Joinder of defentant takes place when two or more person are joined as defendants in one suit but the right to relief alleged to exist against such of them does not arise from same act or transaction and there is no common question of law.

 

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