Civil Procedure Code, 1908, Order 1, 2 -- Misjoinder of parties or misjoinder of causes of action - It is a procedural objection and not a bar to the entertaining of the suit or the trial and final disposal of the suit - Court has the liberty even to treat the plaint in such a case as relating to two suits and try and dispose them off on that basis...........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, 9, Civil Procedure Code, 1908, Order 2, Rule 3 -- Misjoinder of parties or misjoinder of cause of action - Court may exercise the power either by ordering separate trials of the claims, in respect of two or more causes of action included in the same action or by confining the action to some of the causes of action and..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder and mis-joinder of parties - Effect of - A suit can not be defeated by reason of the misjoinder or non-joinder of parties, so along as in the case of non-joinder, the non-joinder is not of an necessary party...........
Civil Procedure Code, 1908, Order 2 -- Frame of suits - Scope of - (i) It provides that every suit shall be framed as far as practicable so as to offer ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. (ii) It also insists that every suit shall include the whole of the claim that a plaintiff is entitled to make in..........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, Civil Procedure Code, 1908, Section , Order 2, Rule 3 -- Mis-joinders of Parties or mis-joinder of cause of action - Plaint suffers from the defect of mis-joinder of parties or mis-joinder of cause of action either in terms of Order 1 Rule 1 and Order 1 Rule 3 on the one hand, or Order 2 Rule 3 on the other - Perceived defect..........
Civil Procedure Code, 1908, Order 1, Rule 3A, 4, 5, 9 -- Non-joinder - mis-joinder - Effect of - No suit shall be defeated by reason of non-joinder or mis-joinder of parties and the court may in either case deal with the matter in controversy so far as it regards the rights and interests of the parties actually before it...........
Civil Procedure Code, 1908, Order 1, Rule 2 -- Nature of provisions - Procedural Law - It is well understood that procedure is the handmaid of justice and not its mistress. Scheme of Order 1 and Order II clearly shows that the prescriptions therein are in the realm of procedure and not in the realm of substantive law or rights - An objection of mis-joinder of plaintiffs or..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 1, Rule 2 -- Mis-joinder of parties or cause of action - Barred by any law - Rejection of Plaint - A suit barred for misjoinder of parties or of causes of action - Not barred by law within the meaning of order VII Rule 11 (d) of the Code...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 2, 3-A, 4, 5, 9, 10, Civil Procedure Code, 1908, Section , Order 2, Rule 3, 6 -- Consolidation of suits - Power of court - Consolidation is a process by which two or more causes or matters are by order of the Court combined or united and treated as one cause or matter - The main purpose of consolidation is therefore to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Defect of mis-joinder of parties and cause of action - Is a defect that can be waived and is not such so as to lead to the rejection of plaint u/O.7 R.11(d)...........
