Introduction:
Order 1, Rule 7 of the CPC enables the plaintiff to file a lawsuit against those persons when the plaintiff is not sure who is liable among them. This provision allows the court to determine the particular person who is liable for the claim and pass the decree against them.
In simple words, we can say that if the plaintiff is not sure about the responsible person for his harm or losses, he may file a lawsuit against multiple defendants. The court has the power to figure out the exact defendant who is responsible for the loss or harm of the plaintiff and pass the decree against them.
CPC Order 1 Rule 7: When plaintiff in doubt from whom redress is to be sought.
Where the plaintiff is in doubt as to the person from whom he is entitled to obtain redress, he may join two or more defendants in order that the question as to which of the defendants is liable, and to what extent, may be determined as between all parties.
Purpose and scope of Order 1 Rule 7 CPC:
This rule states that there is no legal requirement. To file a lawsuit against a particular defendant, it holds that it is exempt under a statutory legal provision to initiate a legal proceeding against a specific defendant. The main aim of this provision is to save time and multiplicity of proceedings as well as reduce contradictory lawsuits. It will also prevent the plaintiff from having the lawsuit dismissed simply on the basis of a basic requirement not being fulfilled by filing a suit against the proper and necessary party.
How does the provision of Order 1 Rule 7 of the CPC work?
Alternative Claim:
The plaintiff can explain that he is not sure who the exact person liable for his injury is.
Joinder of Defendant:
Multiple persons can be joined as defendants in a single suit. The court has the power to shift legal responsibility to the person who is actually liable to that extent.
Extent of Liability:
This provision enables the court to determine who is actually responsible. For the injury and damage to the plaintiff, the court passed the decree against that defendant.
Let’s understand the provision of CPC Order 1 Rule 7 with an example:
Mr X has a small shop in Mumbai. It was burnt out due to fire, and he suffered a significant loss. Mr X was not sure why the fire broke out in his shop. Weather is done by the electrician, Mr Y, due to faulty installation, or the defective Fire Protection Instrument Supply by Company Z. Mr X files a lawsuit. For the compensation for his damages, but he is not sure. Who is responsible for that? We are the Fire Safety Installer, Mr Y, or the Fire Safety Instrument Provider company, Mr Z? Under the Civil Procedure Code, 1908, Mr A can file a lawsuit against both of them. The provision of Order 1, Rule 7 of the court is to determine who is responsible for the damage that has accrued from the fire outbreak. And the court may decree against that defendant.
Let’s see another example:
Mr A buys a new car from the dealer Mr Y. After a few months, Mr A faces a serious mechanical issue with the car. But Mr A is unsure who is responsible for that. A car dealer, Mr Y, for lack of poor service, or the manufacturer company, Mr X, for manufacturing a defective car? In this situation, Mr A can file a lawsuit against both of them, and joined as defendants, and pray for the court to grant compensation against those parties who are exactly responsible for the causation of damage to him. According to the provisions of Rule 7 of the CPC, the court will decide who is responsible for the damage to Mr A. And order a decree of compensation against him.
