This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.

1. Dr. Khakare Vikas
Code of Civil Procedure 1908
Parties to suit
(Order I Rule 1 to 13)
Dr. Khakare Vikas
Asso. Prof.
Narayanrao Chavan Law College, Nanded, India

2. Dr. Khakare Vikas
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.

3. Dr. Khakare Vikas
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.

4. Dr. Khakare Vikas
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.

5. Dr. Khakare Vikas
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]

6. Dr. Khakare Vikas
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]
• 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.

7. Dr. Khakare Vikas
Nonjoinder and Misjoinder of
parties
• When a person is not joined as party to suit is called as nonjoinder 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 nonjoinder 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 mis joinder of parties
shall be taken at the earliest possible opportunity. [Order I Rule 13]

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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]

9. Dr. Khakare Vikas
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.

10. Dr. Khakare Vikas
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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.

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• 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.

12. Dr. Khakare Vikas
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]

13. Dr. Khakare Vikas
Thank you.