Order 1 – Parties to Suit (joinder/mis-joinder/non-joinder of parties)

1. Joinder of Plaintiffs & Defendants (Rules 1, 2, 3 & 6)

• Who can be Plaintiffs (Rule 1): Persons can join as Plaintiffs if their right to relief arises from the same transaction and a common question of Law or Fact (Both) would arise.
• Nature of Relief: Plaintiffs can claim relief Jointly, Severally, or in the Alternative (All of these).
• Who can be Defendants (Rule 3): Persons can be joined as Defendants based on the same common questions of Law and Fact.
• Same Contract (Rule 6): The plaintiff can join the same parties liable on a single contract, including Promissory notes, Hundis, and Bills of exchange (All of these).
• Power for Separate Trial (Rule 2): If joining multiple plaintiffs might cause a delay or embarrass the trial, the court can order a Separate trial.

2. Interest of Defendants (Rule 5)

• Rule 5 Language: It shall not be necessary that every defendant is interested in all the relief claimed in a suit against him.

3. Misjoinder, Non-Joinder, and Court Powers (Rules 9 & 10)

• The Concepts:
• General Rule (Rule 9): A suit cannot be defeated on the grounds of both Mis-joinder and Non-joinder (except the non-joinder of an absolute necessary party).
• The Vital Application (Order 1 Rule 10 / "1/10"):
• The Consent Absolute (Rule 10(3)): No person can be added as a plaintiff (or as a next friend of a plaintiff under disability) without His consent.

4. When to Raise Objections (Rule 13)

• Timing: All objections regarding misjoinder or non-joinder must be raised at the Earliest possible opportunity (specifically before the framing/settlement of issues).