Suit is not defined in the code of civil procedure, 1908 but in section 26 and in the case – Hansraj Gupta v. official liquidators of Dehradun Mussoorie electric tramway co. limited, the term suit is defined as a civil proceeding instituted by the presentation of a plaint. But what is a plaint? Before we delve into the topic ‘parties to suit’, we need to know about plaint. Plaint is a private memorial which exhibits the cause of action in writing. Order I of Code of Civil Procedure talks about Parties to suit.
Joinder of parties
Rule 1 order I one talks about joinder of plaintiff while rule 3 order one about joinder of defendant.
Rule 1, Order I states that all the person may be joined as plaintiff in one suit where the right to relief arising out of the same act or transaction which is alleged to exist but the person brought separate suits with common question of law or fact would arise.
Rule 3, Order I states that all the person may be joined as defendant in one suit where the right to relief arising out of the same act or transaction which is alleged to exist but the person brought separate suits with common question of law or fact would arise.
Necessary and Proper parties
In this article we will also know who is the necessary party and proper party? When the presence of a party is indispensable to the constitution of suit that he is the necessary party while when the presence of party is necessary for the final decision involved in the proceeding then he is the proper party.
Non joinder and Misjoinder
Rule 9, order 1 states that when necessary or proper party has not joined in the suit then it is non joinder while when two or more person are joined in one suit who are not parties to the suit and in contravention of order I, rule 1 and 3 and neither they are necessary nor proper party then it is mis joinder of parties.
Representative Suit
Rule 8 talks about Representative Suit. It means a suit is filed by or against one or more person on behalf of others. Here, the parties must have common interest in the subject matter and the relief sought should be beneficial to all.
