O.II. R. 3: JOINDER OF CAUSES OF ACTION: Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such caus.es of action in the same suit Where causes of action are united , the jurisdiction of the court as regards the suit shall depend on the amount or value of the aggregate subject matters at the date of insituting the suit Multifariousness: [Having great variety; diverse] Order 1 rule 1 deals with the joinder of plaintiffs, and Order 1 rule 3 deals with the joinder of defendants, and they must be read with this rule: Rule 3 of Order II deals with the joinder of cause of action in one suit Where there is a single cause of action , no question of misjoinder can arise The first part permits the joinder by one plaintiff of several causes of action against the same defendants jointly The second part permits the joinder by several plaintiffs jointly of several causes of action against the same defendants jointly Therefore there cannot be a joinder of causes of action where the plaintiffs or defendants are not jointly interested, except where such a joinder is permissible under Order 1
Posted on: Sat, 15 Jun 2013 19:44:16 +0000
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