Introduction
CPC Order 1, Rule 5 defines the parties to a suit; according to this provision, it is not necessary that every defendant party be interested in all relief claimed in a lawsuit. The court can allow multiple defendants with different interests in a suit for efficiency purposes if a common question of fact and law is involved to prevent a multiplicity of proceedings. However, it is not necessary that every defendant is interested in the relief that is claimed against him.
Essential elements of Order 1 Rule 5 CPC:
No Common Interest Required:
A plaintiff can file a civil litigation against more than one defendant, even if not every defendant is involved in the relief that is claimed by the plaintiff, for the efficiency of justice.
Joinder of Parties:
This provision enables the joining of defendants who belong to the same transaction or have a common question of facts and law of the subject matter of a suit.
Effectiveness:
This provision helps to reduce multiplicity of proceedings, prevents the filing of a separate lawsuit against an individual who is involved in the same event, that save time and judicial resources.