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Report No. 27

"8. One person may sue or defend on behalf of all in the same interest.-(1) Where there are numerous persons having the same interest in one suit,-

(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend, in such suit, on behalf of or for the benefit of all persons so interested;

[Cf. Order I, rule 8(1), earlier-half, C.P.C.]

(b) the Court may direct that one or more of such persons may sue or be sued, or may defend, in such suit, on behalf of or for the benefit of all persons so interested.

[Cf. Bombay and Calcutta amendments.]

(2) The Court shall, in every case where a permission or direction is given under sub-rule (1), give, at the plaintiff's expense, notice of the institution of the suit to all persons so interested, either by personal service, or, where from the number of persons or any other cause such service is not reasonably practicable, by public advertisement, as the Court in each case may direct.

[Cf. Order I, rule 8(1), latter half, C.P.C.]

(3) Any person on whose behalf or for whose benefit a suit is instituted or defended under sub-rule (1) may apply to the Court to be made a party to such suit.

[Cf. Order I, rule 8(2), C.P.C.]

(4) No such suit shall be withdrawn and no part of the claim in any such suit abandoned under sub-rule (1) or sub-rule (2) of rule I of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiffs expense, notice to all persons so interested, in the manner specified in sub-rule (2).

[Cf. Order XVI, rule 9A, R.S.C. (old) and Revised R.S.C. (1962), Order XV, rule 13(3).]

(5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the Court may substitute in his place any other person having the same interest in the suit.

[Cf. section 92, Presidency Towns Insolvency Act, 1909.]

(6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf or for whose benefit the suit is instituted or defended, as the case may be; but such decree shall not be executed by or against any person not a party to the suit except with the leave of the Court.

[Cf. Order XV, rule 12(3) and Revised R.S.C. (1962).]

(7) Notice of an application for the grant of leave under sub-rule (6) shall be served on the person against whom the decree is sought to be executed in the manner provided in this Code for the service of a summons.

[Cf. Order XV, rule 12(4), R.S.C.]

(8) Notwithstanding that a decree to which any application for the grant of leave under sub-rule (6) relates is binding on the person against whom the application is made, that person may dispute liability to have the decree executed against him on the ground that by reason of facts and matters particular to his case, he is entitled to be exempted from such liability."

[Cf. R.S.C. (Revision) 1962, Order XV, rule 12(5).]

Order I, rule 10

In rule 10 of Order I of the First Schedule to the principal Act,-

(i) for sub-rule (2), the following sub-rule shall be substituted, namely:-

"(2) The Court may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just,-

(a) order that the name of any person who has been improperly or unnecessarily joined, whether as plaintiff or defendant, or who has for any reason ceased to be a proper or necessary party, be struck out;

(b) order that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions, involved in the suit, be added.";

(ii) in sub-rule (5), for the words and figures "Indian Limitation Act, 1877, section 22", the words and figures "section 21 of the Limitation Act, 1963 (36 of 1963)" shall be substituted.

[Cf. R.S.C. Revision (1962), Order XV, rule 6(2)(a).]

Order I, rule 11

In rule 11 of Order I, of the First Schedule to the principal Act, for the words "the suit", the words "a suit" shall be substituted.

[Cf. Order XV, rule 18, R.S.C. Revision, (1962).]

Order II, rule 6

For rule 6 of Order H of the First Schedule to the principal Act, the following rule shall be substituted, namely:-

"6. Power of Court to order separate trials.-Where it appears to the Court that the joinder of causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.".

[Cf Order XV, rule 5(2), R.S.C. Revision (1962).]

Order III, rule 4

In rule 4 of Order III of the First Schedule to the principal Act, for sub-rule (3), the following sub-rule shall be substituted, namely.-

"(3) For the purposes of sub-rule (2),

(a) an application for review of judgment,

(b) an application under section 144 or section 152 of this Code,

(c) any appeal or application for revision from any decree or order in the suit and any application relating to such appeal or revision, and

(d) any application or act for the purpose of obtaining copies of documents or return of documents produced or filed in the suit or of obtaining refund of monies paid into the Court in connection with the suit,

shall be deemed to be proceedings in the suit.".

Order III, rule 5

In rule 5 of Order III of the First Schedule to the principal Act, for the words "any process served on the pleader of any party", the words "any process served on the pleader who has been duly appointed to act for any party" shall be substituted.

[Cf. Order III, rule 4(5), proviso.]

Order III, rule 6

In rule 6 of Order III of the First Schedule to the principal Act, the following sub-rule shall be inserted at the end, namely:-

"(3) The Court may, at any stage of a suit, order any party to the suit not having a recognised agent residing within the jurisdiction of the Court, to appoint within a specified time an agent within the jurisdiction of the Court, to accept service of process on his behalf".

[Cf. Bombay Amendment.]

Order V, rule 15

For rule 15 of Order V of the First Schedule to the-principal Act, the following rule shall be substituted, namely:-



Code of Civil Procedure, 1908 Back




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