Order 1 civil procedure code.
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| Order 1 civil procedure code |
What is Order 1 civil procedure code
Order 1 of the Civil Procedure Code (CPC) in Pakistan is a fundamental provision that outlines the principles related to the parties to a suit. This order lays the groundwork for the initiation of legal proceedings, defining who can be parties to a suit and how multiple parties can be joined or separated. Let's delve into the key aspects and significance of Order 1 in the legal landscape of Pakistan.
### Parties to a Suit:
Order 1 of the CPC in Pakistan begins by stating that all persons may be joined as plaintiffs in whom any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally, or in the alternative. This provision reflects the principle of joinder of parties, enabling the efficient adjudication of disputes involving interconnected facts or legal issues.
### Power of the Court to Strike Out or Add Parties:
The order empowers the court to strike out or add parties at any stage of the proceedings, if it deems it necessary for a complete and effective adjudication of the matter. This discretion ensures that the court has the flexibility to adapt to the evolving dynamics of a case and to prevent unnecessary complications arising from incomplete party representation.
### Class Actions:
Order 1 also allows for the filing of suits on behalf of or against numerous persons having the same interest in one suit. This provision facilitates class actions, where a representative sues or is sued on behalf of a group of individuals who share common legal issues. Class actions promote judicial efficiency by resolving similar claims in a single proceeding.
### Suits by or Against Minors:
The order includes provisions for suits by or against minors. A minor can sue through a next friend, and if a minor is a defendant, the court may appoint a guardian ad litem to represent their interests. These safeguards ensure that the rights of minors are protected in legal proceedings.
### Suits by or Against Persons of Unsound Mind:
Similar to minors, Order 1 provides for suits by or against persons of unsound mind. Such individuals may sue or be sued through their next friend, and the court may appoint a guardian ad litem to represent their interests. This is crucial to safeguard the rights of persons who may not be able to comprehend or effectively participate in legal proceedings due to mental incapacity.
### Conclusion:
Order 1 of the Civil Procedure Code in Pakistan lays down the foundational principles governing the parties to a suit. By allowing joinder of parties, providing flexibility for the court to strike out or add parties, and accommodating class actions and suits involving minors or persons of unsound mind, this order ensures a fair and inclusive legal process. Understanding the nuances of Order 1 is essential for legal practitioners and litigants alike, as it forms the basis for the effective and just resolution of civil disputes in the Pakistani legal system.
ORDER I
PARTIES SUITS
1. All persons may be joined in one suit as Plaintiffs in whom any right to [relief in
respect of or transaction or series of acts or transactions is alleged to exit, whether jointly
severally or in the alternative, where, if such persons brought separate suits, any common
question of law or fact would arise.
2. 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.
3. All persons may be joined as defendants against whom any right to relief in respect of
or arising out of the same act or transaction or series of acts or transactions is alleged to
exist, Whether jointly, severally or in the alternatively, where, if separate suits were
brought against such persons, any common quest on of law or fact would arise.
4. Judgment may be given without any amendment-
5. It shall not be necessary that every defendant shall be interested as to all the relief
claimed in any suit against him.
6. The plaintiff may, at his option, join as same suit nil or any of the persons severally,
severally, liable on any one contract, including exchange, hundis and promissory notes.
7. Where the plaintiff is in doubt as to the person from whom be is entitled to obtain
redress, he may join two or more defendants in order that the question as to winch of the
defendants is liable, and to what extent, may be determined as between all parties.
8. (l) Where there are numerous persons having the same interest in one suit, one or more
of such persons may, with the permission of the Court, sue or be sued, or may defend, in
such suit, on behalf of or for the benefit of all persons so interested. But the Court shall in
such case give, at the plaintiff's expense, notice of the institution of the suit to all such
persons either by personal service or, where from the number of persons or any other
cause such service is not reasonably practicable, by public advertisement, as the Court in
each case may direct.
9. No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the
Court may in the matter in controversy so far as regards the rights and interests of the
parties actually before it.
10. (1) Where a suit has been instituted in the name of the wrong person as plaintiff
or where it is
doubtful whether it has been instituted in the name of the right plaintiff, the Court
may at any stage of the suit, if satisfied that the suit has been instituted through a
bona fide mistake, and that it is necessary for the determination of the real matter in
dispute so to do, order any other person to be substituted or added as plaintiff upon
such terms as the Court thinks just.
(2) The Court may at any stage of the proceedings, either upon or without the
application of either party, and on such terms as may appear to the Court to be just,
order that the name of any party improperly joined, whether as plaintiff or
defendant, struck out, and that the name of any person who ought to have been
joined, whether as plaintiff or defendant, or whose presence before the Court may
be necessary in order to enable the Court unless the as may be the plaint thinks fit,
effectually and completely to adjudicate upon and settle all the questions involved in
the suit, be added.
(3) No person shall be added as a plaintiff suing without a next friend or as the next
friend of a plaintiff under any disability without his consent.
(4) Where a defendant is added, the plaint shall, Court otherwise directs, be
amended. in such manner necessary, and amended copies of the summons and of
shall be served on the new defendant and, if the Court on the original defendant.
(5) Subject to the provisions of the (IX of 1908], section 22, the proceedings added as
defendant shall be deemed to service of the summons.
11. The Court may give the conduct of the suit to such person as it deems.
12. (l) here there are more plaintiffs than one, any one or more of them may be authorized
by any other of them to appear, plead or act for such other, in any proceedings; and in
like manner, where there are more defendants than one, any one or more of them may be
authorized by any other of them to appear, plead or act for such other in any proceeding.
(2) The authority shall be in writing signed by the party giving it and shall be filed in
Court.
13. Alt objections on the ground of non-joinder or misjoinder of parties shall be taken at
the earliest possible opportunity and, in all cases where issues are settled, at or before
such settlement, unless the ground of objection has subsequently, arisen, and any such
objection not so taken shall be deemed to have been waived.
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