Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----0.1, Rr. 2 to 6---Object of O. 1, Rr. 2 to 6, C.P.C.---Avoidance of multifariousness in suit---Parties were joint co-owners of property in question, which was one and single entity---Each one of such co-sharers had share in each millimeter of such property---Fact that co-owners had acquired undivided shares in different modes i.e. inheritance, gift and purchase would be immaterial---Plaintiffs in their suit were seeking partition of property jointly owned by them with defendants---All the plaintiffs and so also all the defendants being co-owners of property in question, all of them were necessary ,parties---All of them having been joined in one suit sane would not suffer from multifariousness ---Object of provisions as contained in 0. 1. Rr. 2, 3, 4, 5, and 6, Civil Procedure Code. The underlying object of the provisions as contained under Order I, Rules 2 and 3-is to avoid multifariousness. In the present case it could not be said that common questions of law or facts had not arisen inter se the plaintiffs and the defendants. It also could not be said that-no nexus or common link existed in respect of the shares acquired in different modes by the plaintiffs, individually or collectively. On the contrary the plaintiffs had to be joined together for seeking their relief and so also the defendants joined together for the said purpose. All the plaintiffs and so also all the defendants were co­-owners of the property and as such all of them were necessary parties. If any of them was dropped, the suit would be rendered bad for non joinder of necessary party. The Court had to assess and determine the legality of each of the acquisitions pleaded by the plaintiffs and possibility could not be ruled out that each of the defendants might raise different pleas with regard to separate acquisition by the plaintiffs but merely for such reason, the suit could not be said to be multifarious. Provisions of Order I, Rule 4, C.P.C. which specifically provide that may be given, without any amendment, for such one or more of the plaintiffs as may be found to be entitled to relief; for such relief as he or they may be entitled to against…

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