Parties to Suit: Joinder of Plaintiffs & Joinder of Defendants:
X enters into an agreement with both A & B to deliver certain items in a specified date. Although A & B are separate recipients, there is only one agreement. X fails to deliver, hence the agreement between all of them is breached.
- Since there is a single document there is only one act or trans act from which cause of act arises. Since there is only one case of action, both A /& B can file only a joint suit. They cannot file two independent suits.
- In the same example if there are two separate agreements, the A & B may file independent suits or they may also file a suit with joinder of plaintiffs since trans act is similar.
- When the relief sought for is one and the same, the act or trans act is the same or similar, and if two independent suits are filed then same question will arise (same question of law and the same question of facts as well), then the joinder of suits can be made.
- Same relief sought through same or similar trans act.
- The questions & the evidence produced is the same.
The conditions have to satisfied before joinder.
- Illustration: A & B commit assault on D. C helps A & B (Assault under Torts). D must file a single suit against A, B & C since the above conditions are satisfied. If D wants a separate suit against C, he must ask for different relief & different questions must arise.
- If there are more than one plaintiff and one of the them doesn’t want to file the suit;
- If cause of the act / trans act is separate, then it is necessary for the unwilling plaintiff to be a part of the suit.
- If the party is a necessary party, the unwilling plaintiff has to be party to the suit although he does not claim relief.
- The onus of joinder of plaintiff or defendant lies on plaintiff; (Order 1 Rule 1 – Joinder of Plaintiff)(Rule 3 – Joinder of Defendants)
- Amendment of Plaint for adding or striking off parties to the suit has to be done with the permission of the court.
- Necessary Party to the Suite, Necessary party is one without whom the rights of the other parties cannot be adjudged correctly.
- Proper Party to the Suit;
- In the presence of proper party, the rights would be adjudicated better.
- Without proper party, adjudication can take place, but without necessary parties’ adjudication cannot take place.
- Illustration: A – Landlord, B – Tenant, C- Sub-let tenant by B.
In a suit for eviction, the Landlord & tenant are necessary parties and the sub-tenant is the proper party.
- Thus, the question of necessary party or proper pray depends on the facts and circumstances of the case.
- In a suit without necessary party, the judgement becomes invalid. In a suit without proper party, the judgement remains valid and binding.
CASE: State Bank of Patiala v. Hypine Carbons Ltd;
The underlying of Rule 3 is to avoid multiplicity of suits and needles expenses.
Misjoinder of Parties & Non – Joinder of Parties (Order 1 – Rule 9)
- If the party is neither standing as necessary nor as proper party to the suit, then he is not supposed to be made a party to the suit.
- If a party is a proper party or a necessary party & such party had not been made party to the suit, then it is non-joinder of party to the suit.
Consequences of Mis- Joinder &Non – Joinder
- Remedy available of adding or striking off the parties, during the pendency of the suit, by carrying out an amendment.
- In case the judgement is delivered it is accepting as binding and valid unless there is a gross injustice or major discrepancy has been done. (Non – Joinder of proper party, Mis – Joinder of proport of necessary party).
CASE: Naba Kumar v. Radhashyam;
If the person who might be affected by the order of the court is not joinder as a party in the suit, the suit may be dismissed on that ground alone.
CASE: Prabhakar Rao v. State of Andhra Pradesh;
The Apex Court held that the interests of the persons who were nor joined as parties were identical with those who were before the court and were well represented, the petition shall not be dismissed.
CASE: Anil Kumar v. Shivnath;
Though the court may have the power to strike out a party or add a party, the court must be satisfied that the presence of such party would be necessary to adjudicator and settle the questions in the suit.
Transportation of Parties:
- If the party is standing in the show of the plaintiff and the court or party realises that plaintiff is not asking for any relief or any of the right has been infringed, but still, he is a necessary party or proper party of the suit.
Then, the court can make that party the defendant from plaintiff.
- Both the ways can be transferred from plaintiff to defendant or from defendant to plaintiff.
- If the person is transferred from defendant to plaintiff, the defendant is asking for some relief or any of the fundamental right has been infringed.
- When the claim of the defendant is greater than the claim of the plaintiff, there can be complete trans positioning. Plaintiff can be made defendant and defendant can be transferred in place of plaintiff.
Example: A made a claim of Rs 12, 000. B made a claim of Rs. 15, 000/-
- The same suit will go on, no separate suit by B is required. B can be transferred in place of plaintiff and A can be transferred in the place of defendant.