Introduction
The Civil Procedure Code, 1908 (CPC) governs various procedures related to civil litigation. It plays a significant role in serving a secured justice. In civil litigation, the court significantly follows procedural rules. The CPC provides a detailed guild line for suit parties. The provision of Order 1 Rule 2 of CPC is also among them. This rule related to the joinder of plaintiffs in a suit may lead to a delayed trial in that situation the court may order a separate trial or other appropriate orders. Knowing these provisions is important for litigants and legal professionals to avoid complications in trial and suit proceedings. In this article, we address what CPC Order 1 Rule 2 is its objectives, key features, judicial precedent, etc.
Order 1 of CPC: Parties of Suits:
To better understand the provision of Order 1 Rule 2 of CPC, first, know the description of Order 1 of CPC. This rule deals with the parties of the suit, such as, who can be joined as plaintiffs, multiple persons may be joined in a single suit if their rights, interests, and reliefs come out of the same acts, or transactions occur, whether jointly, separately or alternatively. Whether those persons filed separate suits for the common question of facts and law they can be included in a single suit.
Order 2 of CPC: Power of Court to Order Separate Trail:
We refer to the text of Order 1 Rule 2 of CPC, which describes “Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election or Order separate trials or make such other Order as may be expedient.” [1].
Order 1 Rule 2 describes the procedure, where multiple persons join in a suit, It would result in embarrassment or delay. In this situation, the court can lay down the plaintiffs to their choice or order to separate the trial or make another appropriate order.
What are the objectives of Order 1 Rule 2 of CPC?
Some important objectives of Order 1 Rule 2 are listed below:
Prevents procedural complications:
It provides a surety to the multiple plaintiffs to unnecessary delays in justice.
Efficiently dispose of the suit:
In the common questions of law and fact covered in a single suit by consolidating, it saves the time of the judiciary and helps to reduce the burden.
Ensures fair trial:
These provisions protect the rights and interests of the multiple plaintiffs in a common question of law and facts in the same subject matter. It results in a fair and transparent trial.
What are the key features of CPC Order 1 Rule 2?
Some key features of Order 1 Rule 2 are given below:
Discretion power of the Court:
The court has a discretionary power to order the joinder of plaintiffs in appropriate cases, to prevent a delayed trial and avoid a multiplicity of proceedings. If the court thinks fit, it can order separate trials.
Avoiding multiplicity of proceedings in a suit:
This provision helps prevent the multiplicities of proceeding in a suit, related to the same cause of action. It saves the judiciary time and reduces the process and the multiplicity of litigation.
Judicial intervention in the injustice:
Joinder of multiple plaintiffs in a suit that may result in harm to the rights of any party. In that situation, the court has the power to order a separate trial or issue a necessary order to ensure fair justice.
When can multiple plaintiffs join under the provision of Order 2?
Some specific conditions need to be met for joining multiple plaintiffs in a suit that are listed below:
CPC Order 1 Rule 1, deals with the parties of suits, this provision says that if the following conditions are met then multiple plaintiffs can be joined in a suit.
- When they have the same interest in a matter of suit.
- When reliefs prayed by them come out from the same transactions.
- When the same question of law and fact are involved in a suit.
However, CPC Order 1 Rule 2, clearly says that if all these conditions are fulfilled, the court has the power to order a separate trial if it thinks fit.
What are the grounds that determine the order to separate trials?
Several grounds can be determined for order separate trial, such as:
Contradiction in the existing interest of plaintiffs:
If the court finds that, there is a different interest of the plaintiffs in a suit that may lead to contradictions.
Embarrassment or delay in trial:
If the court finds that the order of joinder plaintiffs may lead to unnecessary delay or create procedural conflicts.
Multiplicity:
When different facts and laws apply to suit parties, it’s difficult to cover in a single trial.
Prejudice the defendant’s right:
If the joinder suit results in an unfair trial to the defendant, and affects their right to defend.
Case laws of Order 1 Rule 2 CPC
In Manohar Lal v. Seth Hiralal (AIR 1962 SC 527), the Supreme Court ruled out that, allowing or disallowing an application of joinder of plaintiffs under Order 1 Rule 2, is a discretionary of the court. It should be ordered in the interest of justice.
Advantages of Order 1 Rule 2 CPC
- By consolidating suits, the court can easily handle disputes more effectively.
- By allowing multiple plaintiffs to join in a single suit with similar interests. The plaintiffs can reduce litigation costs.
- The court can pronounce judgment effectively. It prevents the multiplicity of proceedings in the same subject matter and, as a result, it avoids contradictions in judgment.
Disadvantages of Order 1 Rule 2 CPC
- There are multiple plaintiffs joined in a suit, which may lead to prolonged proceedings or cause a delay in trial.
- Sometimes, managing multiple plaintiffs may create complications in the trial.
- It may harm the defendant’s right to defend, by dealing with multiple claims in a suit.
Conclusion
CPC Order 1 rule 2, deals with order to separate trail of a case. This provision empowers the court to order for separate trial. When the court finds that the joiner of plaintiffs may lead to cause for delay in a trial of a suit, it can be ordered to separate trial or whatever thinks fits in the way of balance and efficiency of a fair trial of the suit. Here, the aim of the court to order is to prevent unnecessary delay or reduce the procedural conflict in a trial.
Reference
(1) CPC Order 1 Rule 2: Power of Court to Order er Separate Trials.
(2) Manohar Lal v. Seth Hiralal (AIR 1962 SC 527).