1. Who may be joined as pliantiffs. All Persons may be joined in one suit as plaintiffs in whom
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, whether jointly, severally or in the alternative, where, if such persons
brought separate suits, any common question of law or fact would arise.
2. 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
or order separate trials or make such other order as may be expedient.
3. Who may be joined as defeandants. All persons may be joined as defendants against whom 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, whether jointly, severally or in the alternative, where, if separate suits were brought
against such persons, any common question of law or fact would arise.
4. Court may give judgement for or against one or more of joint parties. Judgment may be
given without any amendment__
(a) for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as
he or they may be entitled to;
(b) against such one or more of the defendants as may be found to be liable, according to their
respective liabilities.
5.Defendant need not be interested in all the relief claimed. It shall not be necessary that every
defendant shall be interested as to all the relief claimed in any suit against him.
6. Joinder of parties liable on same contract.The plaintiff may, at his option, join as parties to the
same suit all or any of the persons severally, or jointly and severally, liable on any one contract,
including parties to bills of exchange, hundis and promissory notes.
7. When plaintiff 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 in order
that the question as to which of the defendants is liable, and to what extent, may be determined as
between all parties.
Code of Civil Procedure, 1908 [1908 : V]
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8. One person may sue or defend on behalf of all in same interest.__ (1) Where there are
numerous persons having the same interest in one suit, one or more of such persons may, with the
permission of the Court, sue or be sued, or may defend, in such suit, on behalf of or for the benefit of
all persons so interested. But the Court shall in such case give, at the plaintiff's expense, notice of the
institution of the suit to all such persons either by personal service or, where from the number of
persons or any other cause such service is not reasonably practicable, by public advertisement, as the
Court in each case may direct.
(2) Any person on whose behalf or for whose benefit a suit is instituted or defended under subrule(
1) may apply to the Court to be made a party to such suit.
9. Misjoinder and nonjoinder. No suit shall be defeated by reason of the misjoinder or nonjoinder
of parties, and the Court may in every suit deal with the matter in controversy so far as regards
the rights and interests of the parties actually before it.
10. Suit in name of wrong plaintiff.__ (1) Where a suit has been instituted in the name of the
wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right
plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a
bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do,
order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just.
(2) Court may strike out or add parties. The Court may at any stage of the proceedings, either
upon or without the application of either party, and on such terms as may appear to the Court to be
just, order that the name of any party improperly joined, whether as plaintiff or defendant,be struck
out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant,
or whose presence before the Court may be necessary in order to enable the Court effectually and
completely to adjudicate upon and settle all the questions involved in the suit, be added.
(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a
plaintiff under any disability without his consent.
(4) Where defendant added, plaint to be ammended. Where a defendant is added, the plaint
shall, unless the Court otherwise directs, be amended in such manner as may be necessary, and
amended copies of the summons and of the plaint shall be served on the new defendant and, if the
Court thinks fit, on the original defendant.
(5) Subject to the provisions of the 1[Limitation Act, 1908 (IX of 1908)], section 22, the
proceedings as against any person added as defendant shall be deemed to have begun only on the
service of the summons.
11. Conduct of suit. The Court may give the conduct of the suit to such person as it deems proper.
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch., for “Indian Limitation Act, 1877 (15 of 1877)”.
Code of Civil Procedure, 1908 [1908 : V]
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12. Apperance of one of several plaintiffs of defendants for others.__ (1) where there are more
plaintiffs than one, any one or more of them may be authorized by any other of them to appear, plead
or act for such other in any proceeding ; and in like manner, where there are more defendants than one,
any one or more of them may be authorized by any other of them to appear, plead or act for such other
in any proceeding.
(2) The authority shall be in writing signed by the party giving it and shall be filed in Court.
13. Objections as to nonjoinder
or misjoinder. All objections on the ground of nonjoinder
or
misjoinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are
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.