Mitali Palnitkar
Published On: February 15, 2022 at 16:30 IST
The Supreme Court observed that Order II Rule 3 of the Code of Civil Procedure, 1908 (CPC) does not compel a Plaintiff to join two or more causes of action in a single Suit.
The Bench was composed of Justice KM Jospeh and Justice Hrishikesh Roy. It observed that in the CPC, the Plaintiff is allowed to join causes of action but is not compelled to do so.
It also observed that the consequences for not joining the claims arising from a cause of action might be fatal in a future Litigation to the Plaintiff.
The Suit for Partition was partly decreed by the Trial Court. The Defendant’s Appeal was dismissed by the High Court.
The Defendant (Appellant) contended that the Suit was liable to be dismissed on the ground of non-joinder of necessary parties. The Plaintiff argued that the cause of action for the Suit was based on the Plaintiff’s right to the separate and self acquired properties of R M Patil.
The Court referred to Order II Rule 3 of CPC which deals with joinder of causes of action and observed that there is no Warrant of complaint against non-impleadment of Appellant’s uncle or his successors in interest.
Order II Rule 3 states that a Plaintiff may join several causes of action in the same Suit against the same Defendant or Defendants jointly. Also, any Plaintiffs having causes of action in which they are jointly interested against the same Defendant or Defendants jointly, they can join such causes of action in the same Suit.