d00ffinstitution of Suit..

8/3/2019 d00ffinstitution of Suit..

1/14

INSTITUTION OF SUIT


2/14

4 ESSENTIALS OF SUIT

1. Opposing Parties

2. Subject matter in dispute

3. Cause of action

4. Demand of relief


3/14

PROCEDURE

SECTIONS 26- 35B&

ORDERS 1 TO 20


4/14

ORDER-1

PARTIES TO SUIT

Addition/ Deletion/ Substitution/ Joinder/ non-joinder & mis-joinder of

parties.

JOINDER OF PARTIES

R1- PLAINTIFFS

R3- DEFENDANTS

CONDITIONS-

Right to relief alleged arises out of same act/ transaction

If brought separate suits- question of law and fact arises.

R2- APPEARS TO COURT

Right to relief alleged arises out of same act/ transaction


5/14

NECESSARY & PROPER

PARTIES

NECESSARY PARTIES

Presence is indispensable to constitution of suit.

Without whom no effective order could be passed.

PROPER PARTIES

Absence- an effective order can be passed but presence is

necessary for complete & final decision.


6/14

NON JOINDER &

MIS - JOINDER

NON- JOINDER

Where Necessary or property is not joined.

MIS-JOINDER

If 2 or more persons are joined as Plaintiff and Defendant in

contravention of ORDER-1, R1 & R3

NO DISMISSAL

Only on ground of Non Joinder or Mis-Joinder of parties, not

joined as party to suit the dismissal.

But- if the person likely to be affected by decree is not joined as

party to suit- then DISMISSAL.


7/14

OBJECTION- RULE 13-

As to Non-Joinder / Mis-Joinder of parties.

At earliest

Otherwise waive


8/14

RULE 10-

STRIKING OUT, ADDING, SUBSTITUTING OF PARTIES

STRIKING OUT- bonafide mistake; necessary for determination

ADDING- Ought to have joined and is not joined; without his

presence cannot be decided. Exercise of power by court on

application or suo-motu.


9/14

REPRESENTATIVE SUITS

RULE -8

ENABLING PROVISION

Does not compel any one to represent many.

General Rule all persons interested- ought to be joined as

parties.

Exception- Where no. of persons similarly interested in a suit,

one/ more of them can with permission of court upon discretion

of court.

REPRESENTATIVE SUIT

Filed by / against one / more persons on behalf of themselves

and others having same interest in suit.


10/14

OBJECT-

To save time & expense

Ensure single comprehensive trial

Avoid harassment to parties by multiplicity of suits

Avoid numerous suits being filed for decision of common

question.


11/14

REQUIREMENT-

Parties must be numerous.

Must have same interest in the suit

Permission by court/ direction by court.

Notice issued to parties, whom it is proposed to represent.


12/14

TITLE-

A, B on behalf of himself & all

Other creditors of C,D

PLAINTIFFS

VERSUS

C,D

DEFENDANTS


13/14

ADDITION/ SUBSTITUTION-

Person on whose behalf a suit is filed/ defended apply to court-

to be added as party.

Added as co-plaintiff/ co-defendant but cant be substituted for

original parties.

WITHDRAWAL / COMPROMISE-

No claim can be abandoned (R8 (4))

No withdrawn (O23-R1 (3))

Unless court serve notice to all persons at Plaintiffs expense.


14/14

RESJUDICATA-

Where Representative suit is decided- it operate as Res-Judicata.

d00ffinstitution of Suit..

Documents

Transcript of d00ffinstitution of Suit..