Law: Civil Procedure Code (V of 1908)

Section: 3,9

Civil Procedure Code (V of 1908)----O. I, rr. 3 & 9 and O.II, r. 3-Misjoinder of parties as well as causes of action-Provisions of O. I, r. 9 not attracted-Two sets of defendants in one suit Different causes of action against each set-Suit bad for multifariousness-Plaintiff in such case to be given opportunity to amend plaint-Dismissal of suit, however, on failure of plaintiff to amend plaint-Would be considered to be on merits and not by way of penalty.   The main object of Order I, rule 9 of the Civil Procedure Code, 1908 is to regulate the business and procedure of the Courts so that justice may be done between the parties according to their rights and interest by law and by their contracts. Misjoinder of the parties is not fatal to the suit. In such a case the Court has powers under Order I, rule 10 (2) of the Code to strike out the names of persons improperly joined and to allow the suit to be proceeded with. But this rule does not apply to cases where there is misjoinder of causes of action as well as parties. Even in- such a case, however, the suit should not be dismissed and the plaintiff should be given an opportunity to amend the plaint and to confine the suit to one set of defendants. But where the plaintiff, in spite of opportunity given, does not amend the plaint the suit may be dismissed and the dismissal would be considered to be on merits and not by way of penalty. Where the plaintiff in a suit sued one set of defendants for recovery of loan advanced to them and in the same suit her case against the other set of defendants was of conspiracy for destruction of account books, it was held that the suit was bad for misjoinder of parties and causes of action.   Bhaiyalal Baliram Reli v. Ramchandra Hamraj Mahesri and another A I R 1937 Nag. 99; Khundrakpam Muhon Singh v. Haorungbam Amujao Singh and others A I R 1954 Man. 5; R. Nilakanta Iyer v. Ramanarayana Iyer and others A I R 1949 Mad. 410; Sm. Nagendra Bala Debi and others v. Provash Chandra and others A I R 1953 Cal. 185 and Brajbala Barua and others v. M/s. Ganhati Bank Ltd. and others A I R 1962 Assam 85 ref. Dates of hearing : 17th and 24th May 1965.  JUDGMENT   This is…