Report No. 27
"3. Who may be joined as defendants.-All persons may be joined in one suit as defendants where-
(a) any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist against such persons whether jointly, severally or in the alternative, and
(b) if separate suits were brought against such persons, any common question of law or fact would arise.".
Order I, rule 3A
In Order I of the First Schedule to the principal Act, after rule 3, the following rule shall be inserted, namely:-
"3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.-Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the suit, the Court may order separate trials or make such other order as may be expedient.".
[Cf. Order XV, rule 5(1), R.S.C. (Revision), 1962.]
Order I, rule 8
For rule 8 of Order I of the First Schedule to the principal Act, the following rule shall be substituted, namely:-
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