1. Frame of suit. Every suit shall as far as practicable be framed so as to afford ground for final
decision upon the subjects in dispute and to prevent further litigation concerning them.
2. Suit to include the whole claim.__ (1) Every suit shall include the whole of the claim which the
plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion
of his claim in order to bring the suit within the jurisdiction of any Court.
(2) Relinquishment of part of claim. Where a plaintiff omits to sue in respect of, or intentionally
relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or
relinquished.
(3) Omission to sue for one of several reliefs. A person entitled to more than one relief in respect
of the same cause of action may sue for all or any of such reliefs ; but if he omits, except with the leave
of the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted.
Explanation.__ For the purposes of this rule an obligation and a collateral security for its
performance and successive claims arising under the same obligation shall be deemed respectively to
constitute but one cause of action.
Illustration
A lets a house to B at a yearly rent of Rs.1,200. The rent for the whole of the years 1905, 1906 and
1907 is due and unpaid. A sues B in 1908 only for the rent, due for 1906. A shall not afterwards sue B
for the rent due for 1905 or 1907.
Code of Civil Procedure, 1908 [1908 : V]
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3. Joinder of causes of action.__ (1) Save as otherwise provided, a plaintiff may unite in the same
suit several causes of action against the same defendant, or the same defendants jointly; and any
plaintiffs having causes of action in which they are jointly interested against the same defendant or the
same defendants jointly may unite such causes of action in the same suit.
(2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend
on the amount or value of the aggregate subjectmatters
at the date of instituting the suit.
4. Only certain claims to be joined for recovery of immoveable property. No cause of action
shall, unless with the leave of the Court, be joined with a suit for the recovery of immoveable property,
except(
a) claims for mesne profits or arrears of rent in respect of the property claimed or any part
thereof;
(b) claims for damages for breach of any contract under which the property or any part thereof
is held; and
(c) claims in which the relief sought is based on the same cause of action :
Provided that nothing in this rule shall be deemed to prevent any party in a suit for foreclosure or
redemption from asking to be put into possession of the mortgaged property.
5. Claims by or against executor, adminstrator or heir. No claim by or against an executor,
administrator or heir, as such, shall be joined with claims by or against him personally, unless the last
mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or
defendant sues or is sued as executor, administrator or heir, or are such as he was entitled to, or liable
for, jointly with the deceased person whom he represents.
6. Power of Court to order separate trials. Where it appears to the Court that any causes of
action joined in one suit cannot be conveniently tried or disposed of together, the Court may order
separate trials or make such other order as may be expedient.
7. Objections as to misjoinder. All objections on the ground of misjoinder of causes of action shall
be taken at the earliest possible opportunity and, in all cases where issues arc 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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Code of Civil Procedure, 1908 [1908 : V]
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ORDER III
RECOGNIZED AGENTS AND PLEADERS
1. Appearances etc., may be in person, by recognized agent or by pleader. Any appearance,
application or act in or to any Court, required or authorized by law to be made or done by a party in
such Court, may, except where otherwise expressly provided by any law for the time being in force, be
made or done by the party in person, or by his recognized agent, or by a pleader 1[appearing, applying
or acting, as the case may be,] on his behalf:
Provided that any such appearance shall, if the Court so directs, be made by the party in person.
2. Recognized agents. The recognized agents of parties by whom such appearances, applications
and acts may be made or done are(
a) persons holding powersofattorney,
authorizing them to make and do such appearances,
applications and acts on behalf of such parties ;
(b) persons carrying on trade or business for and in the names of parties not resident within the
local limits of the jurisdiction of the Court within which limits the appearance, application
or act is made or done, in matters connected with such trade or business only, where no
other agent is expressly authorized to make and do such appearances, applications and
acts.
3. Service of process on recognized agent.__ (1) Processes served on the recognized agent of a
party shall be as effectual as if the same had been served on the party in person, unless the Court
otherwise directs.
(2) The provisions for the service of process on a party to a suit shall apply to the service of
process on his recognized agent.
24. Appointment of pleader.__ (1) No pleader shall act for any person in any Court, unless he has
been appointed for the purpose by such person by a document in writing signed by such person or by
his recognized agent or by some other person duly authorized by or under a powerofattorney
to make
such appointment.
(2) Every such appointment shall be filed in Court and shall be deemed to be in force until
determined with the leave of the Court by a writing signed by the client or the pleader, as the case may
be, and filed in Court, or until the client or the pleader dies, or until all proceedings in the suit are
ended so far as regards the client.
1Subs. by the Code of Civil Procedure (Second Amdt.) Act, 1926 (22 of 1926) s.2, for “duly appointed to act”.
2 Subs. by the Code of Civil Procedure (Second Amdt.) Act, 1926 (22 of 1926), s.2, for the original rule 4.
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(3) For the purposes of subrule
(2) an application for review of judgment, an application under
section 144 or section 152 of this Code, any appeal from any decree or order in the suit and any
application or act for the purpose of obtaining copies of documents or return of documents produced or
filed in the suit or of obtaining refund of monies paid into the Court in connection with the suit shall be
deemed to be proceedings in the suit.
(4) The High Court may, by general order, direct that, where the person by whom a pleader is
appointed is unable to write his name, his mark upon the document appointing the pleader shall be
attested by such person and in such manner as may be specified by the order.
(5) No pleader who has been engaged for the purpose of pleading only shall plead on behalf of any
party, unless he has filed in Court a memorandum of appearance signed by himself and stating__
(a) the names of the parties to the suit,
(b) the name of the party for whom he appears, and
(c) the name of the person by whom he is authorized to appear:
Provided that nothing in this subrule
shall apply to any pleader engaged to plead on behalf of any
party by any other pleader who has been duly appointed to act in Court on behalf of such party.]
5. Service of process on pleader. Any process served on the pleader of any party or left at the
office or ordinary residence of such pleader, and whether the same is for the personal appearance of
the party or not, shall be presumed to be duly communicated and made known to the party whom the
pleader represents, and, unless the Court otherwise directs, shall be as effectual for all purposes as if
the same had been given to or served on the party in person.
6. Agent to accept service.__ (1) Besides the recognized agents described in rule 2 any person
residing within the jurisdiction of the Court may be appointed an agent to accept service of process.
(2). Appointment to be in writing and to be filed in Court. Such appointment may be special or
general and shall be made by an instrument in writing signed by the principal, and such instrument or, if
the appointment is general, a certified copy thereof shall be filed in Court.