25 January 2009
sir, I am def no1 in a civil suit since 1 year. After 1 year some people of the locality submitted the app u/o 1 rule 10 R/W section 151 CPC in my suit which is against 1 person only. Pl tell me is it correct/legal or they should file the separate suit.
26 January 2009
Well, it depends on the allegations made in the plaint and the nature of reliefs sought. If it appears at any stage that many people are/may be interested in the subject matter an application under order 1 rule 10 of CPC can be filed. But if it amounts to mis joinder of persons or mis joinder of causes of action then filing of separate suit is the proper remedy.