ORDER I
PARTIES IN SUITS
1. All persons may be joined in one suit as Plaintiffs in whom any
right to relief in respect of or transaction or series of acts or
transactions is alleged to exit, whether jointly,severally or in the
alternative, where, if such persons brought separate suits, any
common question of law or fact would arise.
2. Where it appears to the Court that any joinder of plaintiffs may
embarrass or delay the trial of the suthe Court may put the
plaintiffs to their election or order separate trials or make such
other order as may be expedient.
3. 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 alternatively, where, if separate suits were
brought against such persons, any common quest on of law or fact
would arise.
4. Judgment may be given without any amendment-
5. It shall not be necessary that every defendant shall be interested
as to all the relief claimed in any suit against him.
6. The plaintiff may, at his option, join as same suit nil or any of the
persons severally, severally, liable on any one contract, including
exchange promissory notes.
7. Where the plaintiff is in doubt as to the person from whom be is
entitled to obtain redress, he may join two or more defendants in
order that the question as to winch of the defendants is liable, and
to what extent, may be determined as between all parties.
8. (l) 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.
9. No suit shall be defeated by reasonof the misjoinder or non-
joinder of parties, and the Court may in the matter in controversy
so far as regards the rights and interests of the parties actually
before it.
10. (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) 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, 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 unless the as
may be the plaint thinks fit, 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 a defendant is added, the plaint shall, Court otherwise
directs, be amended. in such manner necessary, and amended
copies of the summons and of shall be served on the new
defendant and, if the Court on the original defendant.
(5) Subject to the provisions of the (IX of 1908], section 22, the
proceedings added as defendant shall be deemedto service of the
summons.
11. The Court may give the conduct of the suit to such person as it
deems.
12. (l) here 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 proceedings; 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. All objections on the ground of non-joinder 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 shall be deemed to have been waived.