⚖️ CIVIL PROCEDURE CODE: ORDERS I & II
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The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:
👥 ORDER I — PARTIES TO SUITS
Who may be joined as plaintiffs — Rule 1
• All persons may be joined in one suit as plaintiffs where
– any right to relief arising out of the same act or transaction exists in such persons
• whether jointly, severally or in the alternative and
– if such persons brought separate suits, a common question of law or fact would arise
Who may be joined as defendants — Rule 3
• All persons may be joined in one suit as defendants where
– any right to relief arising out of the same act or transaction is alleged to exist against such persons
• whether jointly, severally or in the alternative and
– if separate suits were brought against such persons, a common question of law or fact would arise
One person may sue or defend for all in same interest — Rule 8
• Where there are numerous persons having the same interest in one suit…
• one or more of such persons may sue or defend on behalf of all persons so interested with permission of Court
• Court may direct that one or more such persons may sue or defend on behalf of all persons so interested
📘 Explanatory Notes from DLA on Rule 8
• Before a suit can be prosecuted or defended under Order I Rule 8, it is essential that there must be numerous persons having the same interest in a suit.
• Before a person can be allowed to either prosecute or defend the suit on behalf of others interested, specific permission of the court is mandated.
• Sub-rule 2 of Order I Rule 8 requires notice of the institution of the suit to all persons interested, by direction or public advertisement.
• Any person on whose behalf the suit is instituted may apply to be impleaded.
• Under sub-rule 4, no part of the claim can be abandoned nor can the suit be withdrawn without notice to all persons interested.
• A decree in such a suit is binding on all persons represented.
Suit in the name of a wrong plaintiff — Rule 10
• Where a suit has been instituted in the name of a wrong person as plaintiff
• Court may order any other person to be substituted or added as plaintiff at any stage of the suit
• if satisfied that the suit was instituted through a bona fide mistake and such substitution is necessary for determining the real dispute
⏳ Time limitation for substituting/adding plaintiff or defendant — Section 21(1)
• Where a new plaintiff or defendant is substituted/added after institution of suit
• the suit shall, as regards him, be deemed instituted when he was so made a party
• Where omission was due to good-faith mistake, court may direct earlier deemed date
📄 ORDER II — FRAME OF SUIT
Frame of suit — Rule 1
• Every suit shall be framed
– so as to afford ground for final decision upon the subjects in dispute and
– to prevent further litigation concerning them
Suit to include the whole claim — Rule 2(1)
• Every suit shall include whole of the claim which plaintiff is entitled to make in respect of the cause of action
• but plaintiff may relinquish any portion of his claim to bring the suit within jurisdiction
Relinquishment of part of claim — Rule 2(2)
• Where plaintiff omits or intentionally relinquishes part of claim
• he shall not afterwards sue for the omitted portion
Omission to sue for one of several reliefs — Rule 2(3)
• A person entitled to more than one relief for the same cause of action may sue for all or any
• but if he omits (without leave) to sue for all reliefs
• he shall not later sue for the omitted relief
Illustration:
A lets a house to B at yearly rent Rs.1200. Rent for 1905, 1906, 1907 is unpaid.
A sues B in 1908 only for 1906 rent.
A cannot later sue for rent of 1905 or 1907.
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❓ Frequently Asked Questions on CPC Orders I & II
👥 What is the rule for joining multiple plaintiffs under Order I Rule 1 CPC?
Order I Rule 1 allows multiple plaintiffs to file one suit when the right to relief arises from the same act or transaction and when common questions of law or fact would arise if separate suits were filed.
It helps avoid multiplicity of litigation.
⚖️ When can multiple defendants be joined in one suit under Order I Rule 3?
Multiple defendants may be joined when the right to relief arises from the same act or transaction and if filing separate suits would lead to common legal or factual issues.
This allows efficient adjudication of complex disputes.
📢 What is a representative suit under Order I Rule 8 CPC?
A representative suit is filed when numerous persons share the same interest.
With the court’s permission, one or more persons may sue or defend on behalf of others.
Compliance with notice requirements is mandatory, and the decree is binding on all represented parties.
📝 What happens if a suit is filed in the name of a wrong plaintiff?
Under Order I Rule 10, the court may substitute or add the correct plaintiff at any stage if the suit was filed due to a bona fide mistake.
The correction must be necessary for resolving the real dispute between the parties.
📄 What is the “whole claim” rule under Order II Rule 2 CPC?
A plaintiff must include the entire claim arising from one cause of action in a single suit.
If any part is intentionally omitted or relinquished, the plaintiff cannot sue for that omitted part later.
This rule prevents splitting of claims.
🔍 Can a plaintiff sue later for a relief omitted earlier from the same cause of action?
Order II Rule 2(3) states that if multiple reliefs arise from the same cause of action, the plaintiff must claim all or obtain leave of the court.
If reliefs are omitted without permission, subsequent suits for those reliefs are barred.
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